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2023 Supreme(Jhk) 15
IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANANDA SEN, J.
Bhanu Pratap Singh – Petitioner
Versus
State of Jharkhand – Respondent
W.P. (S) Nos. 3081, 3084, 3206, 3257, 3827, 3982 of 2022
Decided On : 17-03-2023
Advocate Appeared:
For the Petitioners: Rahul Kumar, Vijay Kr. Roy, Apoorva Singh.
For the Respondents: Sachin Kumar, Indranil Bhaduri, Vineet Prakash, P.C. Sinha, Ravi Kerketta, Deepika Jajowar.
Headnote:
General Clauses Act, 1897 – Section 21 – Quashing the letters – Writ petitions, as common question has been raised by counsel for petitioners, these applications are being disposed by a common order – Held, Court hold that authority issuing transfer order has rights and power to recall same, but said power can be exercised by authority before implementation of aforesaid notification – Once transfer orders have been given effect to and parties have joined their respective places of posting, pursuant to orders of transfer, even authority having power to recall same, cannot recall/cancel order of transfer – In such event, only option left to appropriate authority is to pass fresh order of transfer – In an event, after issuance of transfer order but before same has been given effect to, same can be recalled by competent authority – Court find that transfer orders were given effect to and employees have joined their respective places of posting, thus even though, authority has a power to recall same, but same cannot be exercised after transfer orders were given effect to – Even if, there was some flaws in earlier transfer order but after execution of same, only remedy available to employer is to pass a fresh order of transfer justifying same by giving reasons – Writ Petitions allowed.
ORDER :
1. In this batch of writ petitions, as common question has been raised by the counsel for the petitioners, these applications are being disposed by a common order.
2. The brief facts are necessary to mention herein.
3. In WPS No. 3827 of 2022, the petitioner has prayed for quashing the letters as contained in Memo No. 323 dated 22.2.2022 and Memo No. 1233 dated 9.6.2022, whereby, the transfer of the petitioner having been effected and acted upon in the month of August, 2020 has been cancelled on the ground that the same is in violation of the Government resolution No. 2093 dated 6.8.2019 and the petitioner had been directed to return to his original place of posting from where he had been transferred. Further a prayer has been made to quash the Office Order No. 981 dated 9.7.2022 whereby, the petitioner has been posted at his earlier place of posting and the petitioner had been directed to return to his original place of posting from where he had been transferred.
4. In WPS No. 3081 of 2022, the petitioners have prayed for quashing the letter as contained in Memo No. 1233 dated 9.6.2022 whereby, the transfer of the petitioners having been effected and acted upon with effect from 9.7.2020 has been cancelled on the ground that the same is in violation of the Government resolution No. 2093 dated 6.8.2019 and the petitioners had been directed to return to their original place of posting from where they were transferred.
5. In WPS No. 3084 of 2022, the petitioners have prayed for quashing the letter as contained in Memo No. 1233 dated 09.06.2022 whereby, the transfer of the petitioner having effected and acted upon in the month of July, 2020 has been cancelled on the ground that the same is in violation of the Government resolution No. 2093 dated 06.08.2019 and the petitioners had been directed to return to their original place of posting from where they were transferred.
6. In WPS No. 3206 of 2022, the petitioner has prayed for quashing the letter as contained in Memo No. 1089 dated 01.06.2022 whereby, the transfer of the petitioner having effected and acted has been cancelled on the ground that the same is in violation of the Government resolution No. 2093 dated 06.08.2019 and the petitioner had been directed to return to her original place of posting from where she was transferred.
7. In WPS No. 3257 of 2022 the petitioner has prayed for quashing the letter as contained in Memo No. 1079 dated 01.06.2022 whereby, the transfer of the petitioner having effected and acted has been cancelled on the ground that the same is in violation of the Government resolution No. 2093 dated 06.08.2019 and the petitioner had been directed to be returned to his original place of posting from where he was transferred.
8. In WPS No. 3982 of 2022 the petitioners have prayed for quashing the letters as contained in Memo No. 323 dated 22.02.2022 and Memo No. 1233 dated 09.06.2022 whereby, the transfer of the petitioners having effected and acted upon in the month of August, 2020 has been cancelled on the ground that the same is in violation of the Government resolution No. 2093 dated 06.08.2019 and the petitioners had been directed to return to their original place of posting from where they were transferred.
9. In WPS No. 3827 of 2022, the petitioner has been transferred from Government School Satanpur Block, Chas to the Primary School, Dharampur Block-Chas vide Memo No. 1248 dated 23.7.2020 where, he gave his joining after he was relieved. Thereafter suddenly on 9.7.2022, vide Memo No. 981, pursuant to some direction given by the higher authority, the transfer of the petitioner and others were cancelled and they were directed to rejoin on the original place of posting i.e. at Government School Satanpur Block, Chas, Bokaro.
10. In WPS No. 3081 of 2022, the Petitioner no. 1. Namely Bhutnath Singh has been transferred from Primary School, Chainpur, Chas-3 to Utkramit, Middle School, Dhandabra, Chas-3 vide Memo No. 1288 dated 22.07.2020. Petitioner no. 2 na
