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S. N. PATHAK
Md. Wasim Ahmed – Appellant
Versus
State of Jharkhand through the Secretary, School Education and Literacy Department – Respondent
JUDGMENT :
S.N. Pathak, J.
The petitioner has challenged the Notification contained in Res.No.01/Estb.-2-02/2019-528 dated 02.03.2024, whereby the petitioner was transferred from the post of District Education Officer, Ranchi to the post of District Education Officer, Giridih within a span of ten days.
2. Assailing the impugned transfer order, Mr. Jai Prakash Jha, learned senior counsel appearing for the petitioner submits that earlier the petitioner was transferred from Gumla district to Ranchi district as District Education Officer by Notification contained in Resolution No. 402 dated 21.02.2024 and thereafter in compliance of the said transfer order, he took charge as District Education Officer, Ranchi on 23.02.2024. However, within a span of ten days’ time, the petitioner was again transferred from Ranchi to Giridih by the impugned transfer order dated 02.03.2024. Being conscious of the fact that transfer is an incident of service and it is not a right of the employee to be posted at a particular place for a long time, learned senior submits that if the transfer order is against the Statute and on mala fide ground, the Court has every power to interfere with the transfer order. Le
Transfer orders must adhere to statutory guidelines and cannot be executed with mala fide intentions, as such errors warrant judicial intervention.
Point of Law : Impugned directive of Election Commission is valid as it does not discriminate between different officers but a uniform directive has been issued for all officers who have completed fo....
Transfer orders in public service are valid unless proven mala fide or in violation of statutory provisions.
The necessity of obtaining prior permission from the State Election Commission for employee transfers during election periods is crucial to maintain the integrity of the electoral process.
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