IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/B) No. 154 OF 2010 Rakesh Mohan Singh …Petitioner. Versus State of Uttarakhand and others. ……...Respondents. Present: Mr. Subhash Upadhyay, Advocate for the petitioner. Mr. K.P. Upadhyay, Addl. Chief Standing Counsel for the State of Uttarakhand/respondent nos. 1 to 3. Mr. Pawan Mishra, Advocate for respondent no. 4. Date of Decision : 6.8.2010 Coram: Hon’ble Tarun Agarwala, J. Hon’ble Sudhanshu Dhulia, J. Tarun Agarwala, J. (Oral) 1. The petitioner has challenged the transfer order dated 5.7.2010, by which he has been transferred within Dehradun. Admittedly, the petitioner is on a transferable post and has been posted in the same place for the last five years. Consequently, he is liable to be transferred. 2. The contention of the learned counsel for the petitioner is, that the person who is replacing the petitioner, has been sent on his own request, and therefore, the transfer order is malafide is patently misconceived. Learned counsel for the petitioner further submitted that the impugned order is antedated and proof of this fact is that the Secretary, Medical Health and Family Welfare, Uttarakhand, Dehradun made a statement in the newspaper on 18.7.2010 indicating therein that the transfer order would soon be issued within two or three days. This in our opinion leads to no conclusion, inasmuch as, from a perusal of the impugned order, we find that the transfer order dated 5.7.2010 was received in the office of the Chief Medical Officer, Dehradun on 19.7.2010. Consequently, there is no contradiction in the statement made by the Secretary, Medical Health and Family Welfare, Uttarakhand, Dehradun in the newspaper published on 18.7.2010, It is quite possible 2 that the transfer order dated 5.7.2010 may not have been dispatched before 19.7.2010 when the statement was made. 3. In view of the aforesaid, this Court does not find any error in the impugned transfer order dated 5.7.2010. The instant writ petition is, therefore, dismissed. No order as to costs. (Sudhanshu Dhulia, J.) (Tarun Agarwala, J.) 6.8.2010 Rathour