HIGH COURT OF UTTARANCHAL AT NAINITAL Writ Petition No. 196 (SB) of 2004 Kendrapal Singh S/o Late Ratan Singh, R/o Old Sales Tax Gali Khatima, U.S.Nagar. …….Petitioner Vs State of Uttaranchal and others ……..Respondents Counsel for the petitioner Sh. K.S. Bora Standing Counsel for the respondents. Coram: Hon’ble Rajesh Tandon J. Hon’ble P.C. Pant J. Dated:- 23-07-2004 (Delivered by Hon’ble Mr. Justice Rajesh Tandon J.) Heard Sh. K.S. Bora learned counsel for the petitioner and Standing counsel for the respondents. By the present writ petition the petitioner has prayed for the issue of a writ, order or direction in the nature of certiorari quashing the transfer order dt. 25-6-2004 passed by the respondent No. 2. Brief facts giving rise to the present writ petition are that the petitioner is an old and ailing person aged about 55 years and in his service career he has been posted in remote/interior 2 places at high altitudes, for the period, from 21-8-1981 to 20-7- 1990, he was a teacher in G.I.C. Thati Dhanari in the interior most area of District Uttarkashi where he had to walk on foot covering a distance of 14 km on one side to reach the college, and he has also been posted for about 2 years in the interior area of Dehradun at G.I.C. Thano, where he had to walk a distance of 8Km a day on one side to reach the college. The petitioner has submitted that at G.I.C. Bandiya, Khatima, he has served for about 3 years and has been officiating as Principal of the College from 17-7-2003 to 25-5- 2004, where the person posted earlier as principal did not hand over the charge to the petitioner even after repeated written requests by the petitioner. The petitioner requested to the earlier principal and directed the Fees clerk of the School to furnish and clarify the finances and fees deposited by them which was not produced by either of the two, meanwhile overlooking all these realities an F.I.R. was lodged against the petitioner and virtually responsible clerk. Then the petitioner has filed a writ petition No. 451 of 2004 Kendrapal Vs. State and others for quashing the F.I.R. on 3-6-2004 following interim order was passed:- “Heard Sri K.S. Bora learned counsel for the petitioner and learned G.A. Learned G.A. has accepted notices on behalf of respondents no. 1, 2, and 3. Learned G.A. prays for and is granted two weeks time to seek instruction. Admit. Issue Notices to the respondents No. 4 returnable at an early date. The respondents may file counter affidavit within a period of three weeks. List thereafter. 3 The petitioner namely, Kendrapal Singh shall report to the concerned Police Standing and render all necessary cooperation in the matter of investigation. The investigating agency shall not take any coercive steps against the petitioner till the filing of the chargesheet. However, in case the custody of the petitioner is required the respondents shall produce the material collected against the petitioner in this court and submit the report. A copy of the order be supplied to the parties today on payment of usual charges.” Petitioner has submitted that in accordance with the order dt. 3-6-2004 passed by this Hon’ble Court he is co- operating with the investigation but on 25-6-2004 the respondents have suddenly transferred him to the remote area of District Pithoragarh G.I.C. Makam Kailash. The petitioner has stated that he is suffering from the disease of respiration and breathing and is under treatment for the same. The Doctor has advised him not to take strain like climbing up hill, which may cause danger to his life. Petitioner has made a representation on 3-6-2004 to the respondents, which is still pending. The Apex Court in the case Shilpi Bose and others vs. State of Bihar and others reported in AIR 1991 SC 532, has held as under:- “In our opinion, the courts should not interfere with a transfer order which are made in public interest and for administrative reasons unless the transfer orders are made in violation of any mandatory statutory rule or on the ground of mala fide. A Government servant holding a transferable post has no 4 vested right to remain posted at one place or the other, he is liable to be transferred from the one place to the other. transfer orders issued by the competent authority do not violate any of his legal rights. Even if a transfer order is passed in violation of executive instructions or orders, the Courts ordinarily should not interfere with the order instead affected party should approach the higher authorities in the Department. If the courts continue to interfere with day to day transfer orders issued by the Government and its subordinate authorities, there will be complete chaos in the Administration, which would not be conducive to public interest. The High Court over looked these aspects in interfering with the transfer orders.” The Apex Court in the case State Bank of India Vs. Anjan Sanyal and others reported in (2001) 5 SCC 508, held as under: “An order of transfer of an employee is a part of the service conditions an such order of transfer is not required to be interfered with lightly by a court of law in exercise of its discretionary jurisdiction unless the court finds that either the order is mala fide or that the service rules prohibit such transfer or that the authorities, who issued the order, had not the competence to pass the order.” In view of the aforesaid facts and circumstances, we are not inclined to interfere with the transfer order. however, liberty is given to the petitioner to make a representation to the departmental authorities. Subject to the aforesaid observations, the writ petition is disposed of. (P.C. Pant, J.) (Rajesh Tandon, J.) 23-7-2004 MK