S JAHIRUDDIN Vs. STATE OF C G

JUDGEMENT

(1.) IN the present petition, the petitioner is assailing the legality and validity of the order dated 24.7.2006 passed by the respondent No. 1 transferring him from the post of in-charge Deputy Director, Veterinary Health Services, Dantewada to Block Bakawand, District Bastar. The petitioner further challenges the order dated 25.7.2006 passed by respondent No.3 relieving him consequent to the order dated 24.7.2006. Petitioner also challenges the order dated 22.7.2006 passed by respondent No.3 directing him to hand over the charge of the post of Deputy Director to one D.S. Sori, Deputy Collector.

(2.) COUNSEL for the petitioner submits that the petitioner was posted as in-charge Deputy Director, Veterinary Health Services, Dantewada, on 26.11.2005 vide Annexure P-7 and as he had started taking work from his junior officers, some of them got annoyed with him and made a complaint against him to the State Government. After receiving the complaints, the inquiry officer was appointed; petitioner was issued show cause notice which was duly replied to by him. It is further submitted that the petitioner has been harassed just because he belongs to a minority community. It is submitted that respondents No. 1 and 2 have succumbed to the pressure of certain officers and that is why the petitioner has been transferred. It is submitted that the complaints were made by the persons belonging to Bajrang Dal and Vishwa Hindu Parishad against the petitioner as a result of which he has been transferred and thus the action of the respondents transferring the petitioner is punitive in nature. It is further submitted that the transfer of the petitioner has not been done in administrative exigency and that in the inquiry report there is nothing against the petitioner and thus it is clear that the complaints made against the petitioner were bogus and the same have been made just to ensure his transfer.

(3.) LIKEWISE , respondent No.4 has also denied the allegations levelled by the petitioner against him. On behalf of respondent No.4 it is submitted that transfer order of the petitioner has been passed by the State Government strictly in accordance with law.