HC removes adverse remarks from Nainital rape accused's son's PWD transfer order
Dehradun: Uttarakhand high court on Thursday removed adverse remarks from the transfer order of a public works department assistant engineer whose father has been accused of raping a 12-year-old girl in Nainital last month.
Rizwan Khan
, who was moved from Khatima to Ghansali in April, challenged the transfer, saying it appeared "retaliatory and violated" transfer norms, especially as the order was widely circulated on social media before he received it officially.
Rizwan is the son of
Mohammad Usman
, a 73-year-old contractor arrested for allegedly raping a minor in Nainital on April 12, 2025. The incident came to light on April 30 when the girl informed her family. Usman's arrest led to widespread outrage and communal tensions in the area. Prominent Muslim leaders also publicly expelled Usman from the community.
Rizwan was posted in the Loniwi construction division in Khatima and was transferred to the temporary division in Ghansali, Tehri Garhwal.
While the order was officially labelled administrative, Khan filed a petition under the Uttarakhand Transfer Act, 2017, claiming it was "punitive and in violation of section 18(4)".
Appearing before the division bench of Justice Manoj Kumar Tiwari and Justice Ashish Naithani, Khan's advocate, Kartikeya Hari Gupta, said, "The transfer order included baseless allegations such as 'laxity in work' and 'non-compliance with seniors' orders'.
Rizwan had no issue with the new posting, but the language in the order had harmed his professional standing." He also expressed concern that the order had been leaked online before being formally served, suggesting a "breach of procedure and possible bias".
The court accepted the petition and ordered the removal of all adverse remarks. "After the court's decision, the transfer stands as one made in public interest," said Gupta.
The bench did not stay the transfer and allowed the department to act under rules if genuine violations were found.
Gupta also faced online threats and impersonation for representing Usman. A fake social media account, falsely attributed to Gupta, shared inflammatory content, prompting him to lodge a police complaint. The court separately ordered Nainital police to investigate coordinated online abuse targeting judges and lawyers involved in the case.
The court had also questioned a resolution passed by the Nainital Bar Association, which urged its members not to represent Usman, reiterating that every accused is entitled to legal defence. Meanwhile, Usman remains in judicial custody after a special Pocsocourt in Haldwani denied him bail.
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