IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 895 of 2008 (S/S) Dr. Om Prakash Chaubey S/o Sri R.S. Chaubey R/o C/o G.I.C. Ratura (Dhanpur) District Rudraprayag. . Petitioner ...………… [ Versus 1. State of Uttarakhand through Secretary Education Uttarakhand Secretariat, Dehradun. 2. Director of Education, Uttarakhand, Dehradun. 3. Additional Director of Education Garhwal Mandal, Pauri. ...…………. Respondents Mr. Subhash Upadhyay, learned counsel for the petitioner. Mr. N.P. Sah, Standing Counsel for the respondents. Hon’ble Prafulla C. Pant, J. Heard learned counsel for the parties. 2) By means of this writ petition, the petitioner, a Lecturer in Government Inter College, had challenged the order dated 25.07.2008, whereby the petitioner has been transferred from Government Inter College, Ratura, District Rudraprayag to Government Inter College, Develkot, Chamoli. The impugned order shows that the petitioner has been transferred on the administrative ground. 2 3) Learned counsel for the petitioner drew attention of this Court to copy of order dated 01.07.2008, passed by the Division Bench of this Court, in Writ Petition No. 123 (S/B) of 2008, and submitted that the transfer impugned is punitive in nature. However, in view of principle of law laid down in Union of India and others Vs. Janardhan Debanath and another, (2004) 4 Supreme Court Cases 245; State of U.P. and another Vs. Siya Ram and another, (2004) 7 Supreme Court Cases 405; and Prabir Banerjee Vs. Union of India and others, (2007) 8 Supreme Court Cases 793, the transfer whether on administrative ground or otherwise, cannot be interfered by the Court unless the petitioner shows malice or arbitrariness on the part of the authorities, or the transfer order is against the rules. The petitioner’s case is covered under none of these categories. 4) Accordingly, the writ petition is dismissed summarily. (Stay Application No. 5721 of 2008 also stands dismissed). (Prafulla C. Pant, J.) [ Dt. September 02, 2008. H.Negi