ANIL KUMAR SHARMA Vs. ENGINEER

JUDGEMENT

(1.) After hearing learned counsel for the petitioner on 23-7-1992, by a short order the writ petition was dismissed summarily for reasons to follow. Now I proceed to record my reasons for dismissing the writ petition.

(2.) The petitioner who is Junior Engineer in the Irrigation Department, U. P. was transferred on deputation to Indo-Dutch Nalkoop Rigs Division, Gorakhpur and he joined there pursuant to order dated 1-8-1989. By order dated 31st May, 1992 the petitioner has been ordered to be transferred from Indo-Dutch Nalkoop Rigs Division, Gorakhpur to Nalkoop Division, Mirzapur. The petitioner did not carry out the said transfer and by an order dated 9th July 1992 he has been asked to hand over charge immediately. The said order has been passed by the Executive Engineer pursuant to order dated 30th June, 1992 passed by the Engineer-in-Chief, Irrigation Department.

(3.) The grounds to challenge the said order taken in the petition is that the order is unreasonable and arbitrary and is not in public interest. It has been alleged in the writ petition that the Chief Engineer, Establishment, who is the Superintending Engineer of the Circle, and the Executive Engineer of the Division have recommended to the Engineer-in-chief for cancelling the order of petitioner's transfer. It was indicated that the transfer of the petitioner is not in public interest. The Indo-Dutch Rigs Khand is likely to be wound up on completion of work in March, 1993 and it will not be proper to transfer the petitioner from the Central Store where property worth crores of rupees is there.