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2007 Supreme(Jhk) 822

N.N.TIWARI
P. K. Sarkar – Appellant
Versus
Secretary-Cum-Chairman, Board Of Trustee, Ministry Of Coal – Respondent


JUDGMENT

Narendra Nath Tiwari, J.

1. In this writ petition, the petitioner has challenged the transfer order dated 9.4.07 as well as the relieving order dated 14.4.07 issued by the Commissioner, C.M.P.F. Dhanbad. The petitioners case is that he was posted as Programme Analyst at the Head Quarters of C.M.P.F Office, Dhanbad. In the year 2000 he was transferred to Nagpur to the post of Programme Analyst, though there was no post at Nagpur. However, he had joined Nagpur Office. After a few months he was again transferred to Dhanbad. The petitioner was again transferred to the Office of the Joint Commissioner, Division-II, Nagpur on the ground of administrative exigency by the order dated 5.2.07, but that order was subsequently cancelled by the Commissioner. By the impugned order dated 9.4.07, the petitioner has been transferred as Programme Analyst to the Regional Office, Godavarikhani, District- Karimnagar (A.P.).

2. The petitioner has assailed the impugned transfer order on the following grounds:-(i) There is no post of Programme Analyst at the Regional Office, Godavarikhani. (ii) The petitioner is a technical person and he has been transferred as In-charge of the Regional Office at Go











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