HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 108 of 2009 (S/B) Manoj Kumar Tewari. ……..Petitioner Versus State of Uttrarakhand and others. …….Respondents Mr. D.S. Patni, Advocate for the petitioner, Mr. K.P. Uppadhyay, Addl. Chief Standing Counsel for the State/respondent nos. 1 to 4. Dated: September 16, 2010 Coram: Hon’ble Barin Ghosh, C.J. Hon’ble V.K. Bist, J. Barin Ghosh,C.J. (Oral) By the order impugned in the writ petition, though termed as transfer order, the petitioner, who was District Panchayat Raj Officer, Udham Singh Nagar, had been attached in the Directorate situate at Dehradun and in his place, the respondent no.5 had been posted as District Panchayat Raj Officer, Udham Singh Nagar. 2. This order was stayed by an order passed by this Court on 14th July, 2009. At that stage, despite directions to that effect having been given, no counter affidavit was filed on behalf of respondent nos. 1 to 4 and the counter affidavit filed by respondent no.5 did not deal with the aspect regarding complete ban on attachment. At present, it is not being disputed by the respondent nos. 1 to 4 that in terms of the decision contained in the order dated 28th June, 2007 issued by the Chief Secretary, Government of Uttarakhand, it was not permissible to attach the 2 petitioner, as he was purported to be by the said order dated 23rd June, 2009. In such view of the matter, while we confirm the interim order, we quash the order dated 23rd June, 2009, in so far as the petitioner is concerned. This order shall not, however, prevent the petitioner being transferred. (V.K. Bist, J.) (Barin Ghosh, C.J.) 16.09.2010 NCM: