THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) No. 586 of 2010 Mukhtar Ahmed S/O Late Bashir Ahmed. … Petitioner. Vs. State of Uttarakhand and two others. …Respondents. Mr. M.C.Kandpal, Senior Advocate, with Mr. S.S. Chaudhary, Advocate, learned counsel for the petitioner. Mr. K.C.Tiwari, Brief Holder, learned counsel for the respondents. Date August 03, 2010. Hon’ble B.S.Verma, J. Heard learned counsel for the parties and perused the record. By means of this writ petition, the petitioner has sought a writ in the nature of certiorari quashing the transfer order dated 5-7- 2010 (contained as Annexure No. 1 to the writ petition) which has been passed by the respondent no.2 on administrative ground. Instruction was sought by the learned Brief Holder in the matter. The officer concerned-respondent no.2 is present in person in the Court. On the basis of instruction, learned Brief Holder for the respondents has informed the Court that there was some complaint against the petitioner, so that the petitioner was transferred on administrative ground, but before passing the impugned transfer order, no enquiry was made nor any satisfaction, about the existence and truthfulness of the allegations made against the person sought to be transferred, has been recorded by the respondent no. 2 to transfer the petitioner. In the instant writ petition, the petitioner has been transferred on administrative ground. A Full Bench of this Court in the case of Smt. Damyanti Bisht Vs. State of Uttarakhand and others [2008(2) U.D., Page 517] has found that the transfer on administrative grounds can be effected in the following situations namely:- 2 1. If there are serious complaints against the person sought to be transferred; or 2. If the person sought to be transferred has misbehaved with superior officers; or 3. If the person sought to be transferred has not been taking interest in the work. The Full Bench of this Court has further held that “in other words, before effecting a transfer on administrative grounds, the Authority competent to transfer must prima facie arrive at and duly record its satisfaction about the existence and truthfulness, after due verification and confirmation, of the allegations against the persons sought to be transferred. This is a condition precedent to the transfer of the person. If this does not happen and if the prima facie satisfaction, upon due verification and confirmation, is not arrived at and duly recorded, any and every order effecting a transfer on administrative ground is vitiated as well as it is against the principles of natural justice. On this ground alone, such an order deserves to be quashed and set aside.” Having heard the learned counsel for the parties and having gone through the entire material placed before this Court, I am of the view that none of the three conditions as laid down by the Full Bench of this Court for effecting transfer on administrative ground has been satisfied. The impugned transfer order is liable to be quashed for the said reason. The impugned transfer order dated 5-7-2010 (Annexure-1 to the writ petition) is set aside. However, liberty is given to the respondent no.2-Director, Training and Employment, Uttarakhand that after due enquiry, he may pass fresh order of transfer on administrative ground after recording his satisfaction on the basis of material on record. With the above direction, the writ petition is disposed of. (B.S.Verma,J.) RCP