IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL Civil Writ Petition No. 1387 of 2006 (S/S) Ramesh Chandra Raturi S/o Sri N.N. Raturi, Senior Assistant in the officer District Program Officer, Dehradun. ………… Petitioner Versus 1. State of Uttaranchal through Secretary Women Welfare & Child Development, Secretariat, Dehradun. 2. Smt. Hemlata Dhaundiyal, Director, Interrogative Child Development Scheme, 25, Shastri Nagar, Haridwar Road, Dehradun. ………….. Respondents Mr. C.D. Bhauguna, learned counsel for the petitioner. Mr. N.P. Sah and Mr. Harendra Belwal, learned Standing Counsel for the State. Hon’ble Prafulla C. Pant, J. Heard Mr. C.D. Bahuguna, learned counsel for the petitioner and Mr. N.P. Sah & Mr. Harendra Belwal, learned Sanding Counsel for the State. 2) By means of this petition, the petitioner has sought following reliefs: “i) Issue a writ, order or direction in the nature of Certiorari quashing the order dated 25/ 26-10- 2006, so far as it relates to transfer of the petitioner from Dehradun to Ramgarh in District Nainital, passed by the respondent No. 2, contained in Annexure- 1 to the writ petition. ii) Issue any other writ, order or direction, as this Hon’ble court may deem fit and proper, in the facts and circumstances of the case. iii) Award cost of petition to the petitioner.” 3) The impugned order, which has been challenged by the petitioner, is Annexure – 1 to the writ petition, and is being reproduced as under: vkns'k okn la[;k 1166 ¼,l@,e½ 2006] Jh jes’k pUnz jrwM+h cuke mRrjkapy jkT; ,oa vU; esa ekuuh; mPp U;k;ky;] uSuhrky] mRrjkapy }kjk ikfjr vkns’k fnukad 29 vxLr 2006 ds vuqikyu esa Jh jkes’k pUnz jrwM+h] izoj lgk;d dk fuyEcu rRdky izHkko ls fujLr fd;k tkrk gSA Jh jrwM+h dks tuin uSuhrky esa cky fodkl ifj;kstuk jkex<+ uSuhrky esa RkSukr fd;k tkrk gS A Jh jrwMh ds fo:) xfreku vuq’kklukRed dk;Zokgh ds vfUre vkns’k i`Fkd ls ikfjr fd;s tk;sxsa A Sd/- ¼gseyk <kSafM;ky½ funs'kd 4) Learned counsel for the petitioner has referred various case laws, guidelines and Government Orders, relating to transfer of employees, He has argued on its basis that the impugned order of transfers malafide and against the orders applicable to transfer: 5) Having gone through the petition and having heard learned counsel for the petitioner, it is evident and clear that the petitioner was facing departmental enquiry and was placed under suspension. It appears that he earlier filed a writ petition No. 1166 (S/S) of 2006, in which directions were issued on 29.08.2006, by this Court, to pass final orders, on the enquiry pending against the petitioner, within three weeks, failing which the suspension orders of the petitioner shall stand revoked. It is admitted that the departmental enquiry is yet to be concluded. Consequently, the impugned order dated 25 / 26th October, 2006, appears to have been passed reinstating the petitioner, on revocation of his suspension order, he has been given posting in Child Development Project, Ramgarh, Nainital. 6) The contention and submission of learned counsel for the petitioner, treating said impugned order dated 25 / 26th October 2006, as transfer order, is misconceived. The order of reinstatement is different than the order of transfer from one post to another post. When an employee is placed under suspension, in fact, he is not holding post or charge of any post. In his place, there must have been some employee, who is holding the post from which the employee is placed under suspension. In the circumstances, department has to give him posting on his reinstatement, which carries the scale, for which he is entitled. In the circumstances the impugned order cannot be treated to be a transfer, from one place to another place. 7) For the reasons as discussed above, this writ petition is liable to be dismissed, as the guidelines applicable to the transfer are not applicable to the reinstatement order, on revocation of the suspension order. Therefore, the writ petition is dismissed, in limine. (Interim relief application No. 13725 of 2006 also stands disposed of). (Prafulla C. Pant, J.) Dt; November 13, 2006 H.Negi