IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 159 of 2008 Prakash Chandra Uniyal S/o Govind Ram Uniyal Presently posted as Principal, Government Industrial Training Institute New Tehri, Tehri Garhwal ……….Petitioner Versus 1. State of Uttarakhand through Secretary Employment & Training, Uttarakhand Dehradun. 2. Director, Training & employment, Uttarakhand Dehradun. 3. Assistant Director, Training and employment, Uttarakhand, Haldwani. ……Respondents. Mr. B.S. Negi, Advocate present for the petitioner. Mr. Subhash Upadhyaya, Brief Holder present for the respondents. Dated: - November 09, 2009 Hon’ble Prafulla C. Pant, J. Hon’ble Alok Singh, J. (By the Court) Heard learned counsel for the parties. 2. By means of this writ petition moved under Article 226 of the Constitution of India, the petitioner has challenged the order dated 18.06.2008 passed by respondent No. 2, canceling he transfer of the petitioner form Haldwani to New Tehri. 3. Brief facts of the case are that the petitioner was Assistant Director (Training) at Haldwani. He was transferred vide order dated 13.06.2008 as Principal, Industrial Training Instituted, New Tehri. 4. In compliance of the transfer order, he joined his duties at his new place of posting. Thereafter impugned order appears to have been passed, canceling the transfer order (after it has already been complied). 5. Learned counsel for the petitioner submitted that for no fault on the part of the petitioner, the transfer order which had already been complied, is cancelled by the authorities. We are of the view that once the transfer order passed by the respondents was already complied with, the only option with the authorities was to transfer him from the new place of posting, and the transfer order which has already been complied with, could not have been cancelled in the manner it has been one, Apart from this, it appears that in a new place of posing, the petitioner is now already working for last more than one year. 6. In the circumstances and for the reasons as discussed above, this writ petition is allowed, impugned order dated 18th of June, 2008, passed by respondent No. 2 canceling his transfer, so far as it relates to the petitioner Prakash Chandra Uniyal, is quashed. (Alok Singh, J.) (Prafulla C. Pant, J.) 09.11.2009 Ravi