PARAM JEET SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) CYRIAC Joseph, C. J. The petitioner was appointed as Assist ant Engineer in the Minor Irrigation De partment on 16-04-1986 on the recom mendation of the Public Service Com mission. He was promoted as Execu tive Engineer w. e. f. 22-07-1997. Con sequent on the promotion of Mr. Mohd. Umar to the cadre of Superintending Engineer, the post of Executive Engi neer, Nainital Division fell vacant and ' by an order dated 18-11- 2004, the petitioner was transferred and posted as Executive Engineer, Nainital Division. In the said order dated 18-11-2004 the petitioner was also given additional charge of Superintending Engineer, Haldwani Circle. The petitioner joined duty as Executive Engineer Nainital Division on 29-11-2004 and on the same date he also took over additional charge of Superintending Engineer, Haldwani Circle. The petitioner came to know that the Speaker of Legislative Assembly was interested in getting the petitioner transferred out and giving the third respondent Sri Suresh Chandra, Assistant Engineer, Minor Irrigation Sub-Division, Nainital the additional charge of Executive Engineer Nainital Division. He also learnt that the Speaker had sent a letter to the Chief Minister suggesting to transfer him to somewhere else so that respondent no. 3 can be given charge of Executive En gineer, Nainital Division. The petitioner submitted Annexure 8 representation dated 17-02-2005 to the Secretary, Minor Irrigation Department against the proposed transfer. ' However, by Annexure 9 order dated 19-02-2005 passed by the first respondent the pe titioner's transfer to Nainital Division was cancelled and the third respondent was given additional charge of Execu tive Engineer, Nainital Division. Ag grieved by the said order of transfer, the petitioner has filed this writ petition praying to quash Annexure 9 order dated 19- 02-2005 and to direct the respondents not to implement the said order dated 19-02-2005.

(2.) ACCORDING to the petitioner, pur suant to the transfer order dated 18-11-2004, he had joined duty as Executive Engineer, Nainital Division on 29-11-2004 and there was no valid reason or administrative exigency to cancel the said transfer within a period of three months. It is alleged that the impugned order of transfer was not passed in pub lic interest but due to political pressure. The petitioner has also questioned the propriety of giving additional charge of Executive Engineer to respondent no. 3 who is not in the zone of considera tion for promotion to the cadre of Ex ecutive Engineer.

(3.) THE third respondent also has filed a counter affidavit denying the al legations in the writ petition.