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2015 Supreme(Jhk) 1017
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Aparesh Kumar Singh, J.
Ranjeet Kumar - Petitioner
Versus
The State of Jharkhand & Ors. - Respondents
W.P. (S) No. 3094 of 2015
Decided on : 16.09.2015
Advocate Appeared:
For the Petitioner: M/s M.S. Anwar, Afaque Ahmad, Altaf Hussain, Shadab Bin Haque
For the Resp-State: Mr. Dhananjay Kr. Dubey, Sr. SC-I and Mr. Aashish Kumar Thakur, JC to Sr. SC-I
Transfer of government employees is an incidence of service and can be made in the interest of work or for administrative reasons.
Headnote:
Transfer - Government Employee - National Highways Act - Section 75, Section 33 - The court discussed the petitioner's challenge to the transfer order, alleging malafide against certain officials. The court examined the representations made by the petitioner and the decision-making process of the Establishment Committee. It concluded that the transfer was not actuated by malafides and emphasized that transfer is an incidence of service, dismissing the writ petition.
Fact of the Case:
The petitioner, a government employee, challenged an order of transfer from Sub Divisional Clerk, National Highways Sub Division No. 1 to the National Highways Division, Medninagar, alleging malafide against certain officials.
Finding of the Court:
The court found that the transfer was not actuated by malafides and emphasized that transfer is an incidence of service.
Issues: The issues revolved around the petitioner's challenge to the transfer order, alleging malafide against certain officials, and the decision-making process of the Establishment Committee.
Ratio Decidendi: The court concluded that the transfer was not actuated by malafides and emphasized that transfer is an incidence of service.
Final Decision: The writ petition was dismissed.
Heard counsel for the parties.
2. The petitioner aggrieved with an order of transfer (Annexure-7) dated 01.07.2015 issued by the Superintending Engineer, National Highways Circle, Ranchi, has approached this Court in the present writ application. He has been transferred from the post of Sub Divisional Clerk, National Highways Sub Division No. 1 to the National Highways Division, Medninagar. Admittedly, he had remained at the present place of posting for more than ten years.
3. On the first date when the matter was taken up on 16.07.2015, this Court while recording the submission made on behalf of the petitioner, clearly observed that there is no stay on the impugned order of transfer. It was also observed that joining of the petitioner at the transferred place would be subject to the outcome of the writ petition. It is to be taken note of that the petitioner even after such observation, did not proceed to submit joining till 19.08.2015 when it was brought to the notice of this Court. The department was directed to look into the conduct of the petitioner whether he has joined at the transferred place as there is no stay on the impugned order of transfer.
4. Through a supplementary affidavit filed by the petitioner, he has enclosed a letter purportedly showing his joining on 20.08.2015 in the office of Executive Engineer, National Highways Division, Medninagar. The receipt on the left hand side is a simple initial without any seal of the office. Respondents appear to have issued a press notice on 26.08.2015 (Annexure-11 to the said supplementary affidavit dated 09.09.2015), asking the petitioner to join at the transferred place, failing which action would be taken as per rules for unauthorized absence.
5. Leaving aside that aspect of the matter for the present, the order of transfer has been essentially challenged by the petitioner alleging malafide against certain officials i.e. Respondent Nos. 5 -Abhay Kumar Roy, Sub Divisional Officer, NH Sub-Division, Ranchi and Respondent No. 6-Binay Prakash Singh, Superintending Engineer, NH Circle, Ranchi. From the averments made in the writ petition specifically at paragraph-9, 10, 11 and 12, it appears that the petitioner has been making certain representations being letters dated 01.12.2005, 28.11.2008, 01.08.2012, 26.08.2014, 30.08.2014, 13.09.2014 and 03.12.2014 (Annexure-2 series) alleging irregularities committed by the Engineers posted in the National Highways Sub Division including the Respondent No. 5. It appears from perusal of para-13 that when the petitioner directly corresponded with the Superintending Engineer, National Highways Circle, Ranchi through his letter dated 03.12.2014, explanation was asked from him by letter dated 16.12.2014 bearing no. 896 by the Superintending Engineer, National Highways Circle, Ranchi. Petitioner on the basis of these assertion, alleged that the impugned transfer is actuated by malafides. From the Minutes of the Circle Level Screening Committee/Establishment Committee based upon which, the impugned of transfer was issued, it appears that four members i.e. Executive Engineer, National Highways Division, Chaibasa Singrai Tudi, Executive Engineer, National Highways Division, Gumla Amarendra Kumar Sinha, Executive Engineer, National Highways Division, Ranchi Pravin Jayant Bhengra, Member-cum-Technical Advisor, National Highways Circle, Ranchi Deoniti Rai were present and Chairman-cum-Superintending Engineer, National Highways Circle, Ranchi Vinay Prakash Singh (i.e. Respondent No. 3/6) presided over the meeting. Respondent No. 5 against whom the petitioner has alleged certain irregularities in the execution or measurement of certain works, was not part of the decision making process. However, petitioner's allegation against the respondent no. 6 simply on the ground that he had issued a letter dated 16.12.2014 asking him to explain as to why he has straightaway undertaken correspondence with the said officer jumping all hierarchy in contraventi
