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Judgment
Vipin Sanghi, CJ
The present petition has been preferred by the petitioner since he was aggrieved by the transfer of Respondent No. 4 vide order dated 07.01.2022 to Government Veterinary Hospital, Subhash Nagar, Dehradun on the post held by him. The case of the petitioner is that his young daughter died in her college premises. After investigation, a case under Section 306 IPC was registered. The petitioner has narrated that two Special Investigation Teams were constituted to carry out the investigation. Thereafter, the case was also handed over to the CBI. The issue whether it is a case under Section 306 IPC, or 302 IPC involving other students and administration of the college is still pending consideration. With a view to enable the petitioner to pursue the case, the respondent/administration had initially passed an order on 24.11.2020, which reads as follows:
“उत्तराखण्ड शासन
पशुपालन अनुभाग-01
The petitioner is aggrieved since respondent no. 4 was transferred vide order dated 07.01.2022, and he was instructed to occupy the post on which the petitioner was attached at Government Veterinary Hospital, Subhash Nagar, Dehradun. The case of the petitioner is that the respondent, however, did not terminate his attachment on the said post. The petitioner approached this Court by filing this writ petition, wherein on 28.03.2022, this Court directed maintenance of status quo, qua posting of the petitioner. The effect and operation of the impugned order dated 07.01.2022 was stayed by this Court on 04.04.2022. That position continues till date.
The submission of the learned counsel for the respondents/State that since the petitioner cannot be allowed to continue to remain attach to the same post indefinitely, the respondent/State has revoked the attachment of the petitioner vide order dated 9th May, 2022. However, the said order is not given effect to in the light of the order passed by this Court.
We have heard the learned counsels, including learned counsel for respondent no.4.
Considering the fact that the petitioner is pursuing a case relating to death of his young daughter, we permit the State to post the petitioner on any other similar post within District Dehradun. Any such order that may be issued, would be given effect to after two months from today. The writ petition stands disposed of with such observations.