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Judgment
G. Narendar, CJ
Heard Mr. Dushyant Mainali, learned counsel for the petitioner, Mr. P.C. Bisht, learned Addl. C.S.C. for the State of Uttarakhand and Mr. Amar Murti Shukla, learned counsel for respondent no.
The Instant writ petition is preferred praying for a direction to respondents and thereby command them to take a decision in the matter of cancellation of stigmatic transfer order dated 04.11.2024, in terms of the communication addressed by the Additional Secretary, Government of Uttarakhand dated 24.01.2025 addressed to the Commissioner, Food, Civil Supplies & Consumer Affairs Department, Uttarakhand, Dehradun. The same is opposed tooth and nail by the learned Additional Chief Standing Counsel.
It is submitted that the order of transfer dated 04.11.2024 was the subject matter of a writ petition before this Court in WPSB No.705 of 2024 wherein the Coordinate Bench after appreciating the facts has been pleased to uphold the transfer in light of the allegations of corruption levelled against him.
It is the case of the petitioner that now the Inquiry Officer i.e. the District Magistrate, Udham Singh Nagar has given him a clean chit and has exonerated him of all the charges, levelled against him and in that view, the instant writ petition is filed seeking for a direction to the respondents to act in consonance with the recommendation made by the Additional Secretary.
The issue of legality of the transfer having attained finality at the hands of the Coordinate Bench, this Bench cannot sit in appeal over the correctness or legality of the order of the Coordinate Bench despite the alleged new facts or subsequent developments that are sought to be relied upon.
In that view, we are of the opinion that the instant writ petition is not maintainable and is accordingly rejected. Rejection of the writ will not come in the way of the petitioner, if the petitioner chooses to exercise his rights as available in law, including moving the concerned Bench by way of review petition. The writ petition stands rejected. The writ petition stands ordered accordingly. No order as to cost.