Uttarakhand High Court
WPMS/1124/2020 on 24 July, 2020
Author: Sudhanshu Dhulia
Bench: Sudhanshu Dhulia
WPMS No.1124 of 2020 Hon'ble Sudhanshu Dhulia, J.
Mr. Deepak Singh, Advocate for the petitioner. The petitioner before this Court is a Pastor in Methodist Church and presently working at Pastorate Committee, Methodist Church, Kotdwar, Pauri Garhwal.
By the impugned order dated 07.07.2020, the superior Authorities have transferred the petitioner to Methodist Church, Kashipur, District Udham Singh Nagar in Uttarakhand.
The petitioner has challenged the said order on various grounds. Before we get down to the merits of the case, the first question which was asked to the learned counsel was for the petitioner as to the maintainability of the writ petition. The writ petition can be filed either against the State or the Instrumentality of the State or against the any Authority. The Pastor is neither the State nor the Instrumentality of the State.
The "Authority" has also been very well defined in various judgments of the Hon'ble Apex Court and different High Courts, where the Authority should be the ones which should have at least some control by the State either financially or administrative or both.
In the present case, we find no such control as well.
In view of the above, since the writ petition is not maintainable and there is no satisfactory reply to our query as to the maintainability of the writ petition, we see no reasons to enter into the merits of the case.
Consequently, the writ petition stands dismissed in limine.
(Sudhanshu Dhulia, J.) 24.07.2020 Nitesh/