MAJOR THAKUR SINGH KAUNDAL Vs. MILITARY SECRETARY

JUDGEMENT

(1.) This writ petition is filed for a direction to the respondents not to give effect to the order of transfer by declaring the same as illegal, arbitrary and violative of Articles 14 and 16 of Constitution of India.

(2.) The petitioner was working as Major in the Army (Ministry of Defence). The Government of India sanctioned a post of Public Relation Officer at Hyderabad. The petitioner was posted on 26-8-1993 as Public Relation Officer atHyderabad. The petitioner was selected by a duly constituted selection panel consisting of Principal Information Officer, Press Information Bureau, New Delhi, Member from Defence Ministry and Director of Public Relations (Defence), New Delhi. Pursuant to his appointment as a Public Relation Officer, he assumed charge on 10-10-1993 at Hyderabad. The petitioner was provided with the office accommodation after a lapse of six months. From the date of assuming office as Public Relation Officer, he was discharging his duties to the entire satisfaction of higher officials and he received letters appreciating his services as a Public Relation Officer. The petitioner received transfer orders directing him to report to the new appointment by 12-4-1995. Challenging the above orders, the present writ petition is filed.

(3.) The main contention of the learned counsel for the petitioner is that since the petitioner was appointed on selection as a Public Relation Officer he cannot be transferred before the expiry of three years tenure as Public Relation Officer. The order of transfer was effected on account of mala fide intention of Sri P.S.Bhatnagar, the then Director of Public Relations. Sri P.S. .Batnagar requested the petitioner to approach a Senior Retired Government Official and see that his son could get success in the Merchant Navy Competitive Examination through whatever means possible; but the same could not be materialised. Due to the incident, Sri P.S. Bhatnagar got annoyed with him for not having managed in getting his son passed through the Merchant Navy Competitive Examination. Therefore, Sri P.S.Bhatnagar with biased and prejudicial mind took up a case with Military Secretary's branch for posting petitioner out. Therefore, the order of transfer is vitiated on account of mala fides of Sri P.S. Bhatnagar, Though Sri P.S. Bhatnagar is made as a party to the writ petition, he did not file any counter affidavit, which establishes mala fides on his part. It is next contended that while transferring the petitioner, Sri P.S. Bhatnagar attached one Sri T.V.K. Reddy to the Public Relation's Office at Hyderabad, as Sri P.S.Bhamagar is on his way of foreign assignment. Sri T.V.K. Reddy is a Grade II officer and not eligible to hold the post of Public Relation Officer, as the post Public Relation Officer should be manned by an officer holding a rank of Major only. Since Sri T.V.K. Reddy belongs to Hyderabad and though he has not completed one year at Shillong, to show special favour to Sri T.V.K.Reddy, Sri P.S.Bhamagar posted him at Hyderabad. In view of the above, the petitioner submits that the orders of transfer are liable to be set aside.