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Judgment
Raghvendra Singh Chauhan, CJ
The appellant-writ petitioner is aggrieved by the order dated 13.01.2021, passed by the learned Single Judge, in Writ Petition (S/S) No. 123 of 2020, whereby the learned Single Judge has dismissed the writ petition, and has upheld the Transfer Order dated 26.12.2019.
Mr. Shobhit Saharia, the learned counsel for the appellant-writ petitioner, submits that the appellant-writ petitioner is aggrieved by the report of the Uttarakhand Scheduled Tribes Commission (for short "the Commission"), which had formed the basis of the impugned transfer order. Since the learned Single Judge has not set-aside the said report of the Commission, the appellant-writ petitioner continues to be aggrieved by the impugned judgment.
On the other hand, Mr. D.S. Patni, the learned Senior Counsel for the respondent-bank, submits that, in fact the Commission's report never formed the basis of the impugned transfer order. The Commission's report is merely recommendatory in nature; it is not binding on the bank. The bank had independently taken the decision to transfer the appellant-writ petitioner for administrative exigencies.
In rejoinder, Mr. Shobhit Saharia, the learned counsel for the appellant-writ petitioner, submits that the Commission's report may adversely affect the service 2 career of the appellant-writ petitioner. Therefore, the said report still needs to be set-aside by this Court.
On the other hand, Mr. D.S. Patni, the learned Senior Counsel for the respondent-Bank, gives an undertaking that the Commission's report will not adversely affect the service career of the appellant-writ petitioner, both while he is in service, and even thereafter. According to him, the Commission's report is a dead letter by now. Therefore, the anxiety expressed by the learned counsel for the appellant-writ petitioner is highly misplaced.
Considering the undertaking given by Mr. D.S. Patni, the learned Senior Counsel for the respondent-Bank, this Court does not find any merit in this Special Appeal. Therefore, it stands disposed of.