IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 246 of 2011 (S/B) A .K. Bisht ...…………. Petitioner Versus State of Uttarakhand ...…………. Respondent Mr. Shobhit Saharia, Advocate for the petitioner. Mr. K.P. Upadhyay, Addl. C.S.C. for the respondent State. JUDGMENT Coram : Hon’ble Barin Ghosh, C. J. Hon’ble U.C. Dhyani, J. BARIN GHOSH, C.J. (Oral) Petitioner is an employee of the State Government. In the order impugned in the writ petition, he was transferred to Uttarakhand State Infrastructure Development Corporation Limited, a entity quite separate from the State Government. While doing so, consent of the petitioner was not obtained, and the employer, in law, is incompetent to transfer an employee to another employer without the consent of the employee. On that ground alone, we quash the impugned order of transfer. 2. We make it clear that we have not gone into other aspects of the matter as have been highlighted in the writ petition. At the same time we make it clear, we have not 2 gone into the question of the right of the State Government to transfer the petitioner within State Government. The order as above will be limited to the petitioner only. 3. Writ petition is accordingly disposed of. (U.C. Dhyani, J.) (Barin Ghosh, C.J.) 16.09.2011 Negi