TAPAN KUMAR NASKAR Vs. STATE OF C.G

JUDGEMENT

(1.) THE Petitioner, being aggrieved by the transfer order dated 09.02.2007 (Annexure P/3) has filed this petition questioning the legality and validity of the said impugned order.

(2.) THE indisputable facts, in nutshell, are that the substantive post of the Petitioner is Assistant Engineer. Vide order dated 31.12.2006 (Annexure P/1) the Petitioner was given additional charge of Executive Engineer, Hasdeo Canal Management Division, Janjgir, with financial and other administrative powers. THEreafter, vide order dated 8.12.2006, one Shri S.R. Minj, Assistant Engineer (Rupan), was transferred from the office of the Executive Engineer, Mini Mata Bango Canal Division, Sakti to Sub Division, Mini Mata Bango Canal Sub Division No. 17, Bilaspur in place of the Petitioner. THE Petitioner was given the assignment of the Executive Engineer as granted earlier vide order dated 31.10.2006 full as Incharge, Executive Engineer. By the impugned order dated 9.2.2007, the Petitioner was transferred as Incharge, Executive Engineer, Hasdeo Canal Management Division, Janjgir to Sub Division Hasdeo Sub Division No. 4, Nawagarh in place of Respondent No. 3, who was given the charge of Executive Engineer, Hasdeo Canal Management Division, Janjgir in place of the Petitioner.

(3.) SHRI V.V.S. Moorthy, learned Counsel appearing for the State/Respondent 1 and 2, per contra, submits that by the impugned order, the service of the Petitioner has not been affected. The Petitioner's substantive post is Assistant Engineer and the Petitioner was holding the charge of Executive Engineer. Thus, the Petitioner has not acquired any right to the said post. With regard to the election, learned Counsel submits that there was no Code of Conduct during that period as the election of Jal Upbhokta Sansthan has nothing to do with the transfer and posting of the employees.