Ram Kumar v. Mr. Abhijay Negi, learned counsel for the

petitioner was placed under suspension. Aggrieved by the said order, petitioner preferred a Claim Petition before Uttarakhand Public Services Tribunal, and learned Tribunal, vide order dated 26.09.2023, set aside the order of suspension. Subsequently, on 12.02.2024, a charge-sheet was served upon the petitioner, alleging his involvement in illicit felling of trees. Thereafter, the petitioner was reinstated in service and was assigned a posting. On 31.07.2025, the petitioner was entrusted with the additional charge of Divisional Logging Manager, East Ramnagar. It is averred that, on

17.10.2025, the petitioner received a representation from the Gram Pradhan of Village Teda, Ramnagar, District Nainital, wherein it was stated that the villagers depend upon forest- related activities for their livelihood and, since one Mr. Bhuvnesh Kharkwal, a resident of Kotdwar, was being awarded the contract for off-road work, the livelihood of the local residents would be adversely affected. Accordingly, a request was made to accord preference to local residents, who have been assisting the Forest Department from time-to-time, including during forest incidents. Thereafter, on 25.10.2025, petitioner received another representation from Mr. Naveen 3 Chandra Sati, Chairman, Gram Pradhan Union, Ramnagar, Nainital with similar concerns and a request to prefer local residents for such contractual engagements. Pursuant to the said communications, the petitioner, vide office order No.1399 dated 27.10.2025, issued an order directing that Mr. Bhuvnesh Kharkwal shall not be given any work in the division. On the very same day, i.e., 27.10.2025, the petitioner was served with letter No.3381 issued by the Managing Director, Uttarakhand Forest Development Corporation, whereby he was attached to the Regional Office, Western Region, Ramnagar, from his existing charge as Logging Manager/In-charge Divisional Manager, Mining Division, Ramnagar, including his additional charge as Divisional Logging Manager, East Ramnagar. Being aggrieved by the said order of attachment, the petitioner has approached this Court.

3. Learned counsel for the petitioner submits that the impugned order dated 27.10.2025, passed barely a month prior to his scheduled superannuation on 29.11.2025, is vitiated by arbitrariness and colourable exercise of power, having been issued with the predominant object of harassing and victimizing him for having resisted and objected to alleged irregularities in the functioning of the department. He further submits that the Statutory/Service Rules, governing petitioner’s employment, do not contemplate “attachment” as a recognised incident of 4 service, mode of posting, or permissible measure and, consequently, the impugned action is de hors the Rules, without authority of law and is liable to be struck down on that ground alone. He further submits that there is no allegation of any financial or any other irregularity while petitioner was discharging duties on the post of Logging Manager/In-charge Divisional Manager, Mining Division, Ramnagar, hence, the order impugned is bad in the eyes of law.

4. Learned Senior Counsel invited the attention of this Court to letter No. 1399/office order dated 27.10.2025, issued by the petitioner, wherein it is inter alia articulated as follows: “Various village heads (Smt. Rashmi Rawat, Village Head, Teda and Shri Naveen Chandra Sati, President, Village Head Organization, Kyari) received in the office and and MLA verbally to Mr. MLA representative/President, Bharatiya Party, Ramnagar, Nagar Mandal has also said that outside (Mr. Bhuvnesh labourers/outside head Kharkwal, resident of Kotdwar) should not be given work in the local logging divisions in this area”. Ramnagar labourers Janata

5. Learned Senior Counsel submits that the said order, on the face of record, is politically motivated and is in contravention of fundamental principles of transparency, competition and fairness of the Uttarakhand Procurement Rules,

2025. Furthermore, the copy of the said letter was sent to the local M.L.A. also. Moreover, after receiving the aforesaid letter, a preliminary fact finding was conducted and, in it, it is revealed that petitioner has violated the Uttarakhand Government 5 Servant Conduct Rules, 2002 and further action would be taken. Learned Senior Counsel submits that, in the light of the above developments, attachment order was passed.

6. Learned Senior Counsel further contended that a departmental enquiry is currently pending against the petitioner concerning alleged illicit felling of trees within the Reserve Forest limits of Purola, District Uttarkashi. The enquiry arises out of an imposition of a financial penalty amounting to ₹62,00,000/- on the Uttarakhand Forest Development Corporation by the Forest Department, directly linked the petitioner’s alleged misconduct. It is further submitted that the petitioner’s service record reflects prior instances of irregularities and questions regarding his integrity. In light of the aforesaid background and interest of ensuring the smooth and effective administration of the department, a considered decision was taken to relieve the petitioner from sensitive field duties and attach him to a non-sensitive post, one month prior to his superannuation. This action is justified as a precautionary administrative measure necessitated by the circumstances and imperative to maintain discipline and public confidence in the department’s functioning. Such attachment from sensitive responsibilities pending ongoing departmental proceedings is consistent with established administrative and disciplinary principles aimed at safeguarding the departmental interest 6 during the inquiry process. The decision respects the need to balance the rights of the petitioner with public interest and administrative propriety, recognizing the gravity of allegations relating to financial and operational irregularities in a crucial public service domain.

7. Heard learned counsel for the parties and perused the material available on record. In the case in hand, the petitioner has not specifically alleged or established any malafides or personal bias on the part of the Competent Authority. Nor has any superior officer been impleaded by name against whom such allegations could be considered.

8. This Court finds that it is always open for the authorities to attach an employee in any of its office considering the exigency of work. Furthermore, attachment of a Government Servant from one office or post to another, in exigencies of service or administrative grounds, is not per se punitive when not accompanied by adverse remarks or reduction in rank or emolument. Besides this, the grounds for attachment mentioned in the order impugned are reasonable. No provision has been cited from the applicable service rules which stipulate that attachment is a punishment, nor is there any legal embargo on the exercise of such administrative discretion in exigency of service. 7

9. This Court finds no illegality, procedural violation, or mala fide apparent on record in the passing of the impugned order. The administrative authority acted within the scope of its discretion in the interest of the department and public at large.

10. In view of the aforesaid discussion on facts as well as the settled legal position governing matters of transfer, posting and attachment in exigencies of service, this Court is of the considered opinion that no case for interference under Article 226 of the Constitution of India is made out. The impugned order dated 27.10.2025 cannot be said to be vitiated by arbitrariness, malafides or lack of competence, nor is any violation of statutory rules demonstrated, so as to warrant exercise of the extraordinary writ jurisdiction.

11. Accordingly, the writ petition fails and is dismissed. There shall be no order as to costs. (Alok Mahra, J.) (Ravindra Maithani, J.) Arpan ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c04853 65445e3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D4 54C5109CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL