R B DUBEY Vs. STATE OF M P

JUDGEMENT

(1.) CHALLENGING the order of transfer (Annexure P-l), dated 13-3-2008, petitioner has invoked the writ jurisdiction of this Court. The petitioner is working as a Range Officer, Forest Department Deori District Sagar. From the aforesaid post the petitioner is transferred to the Division Office at Sagar as officer on Special Duty and in his place the respondent No. 4 Shiv Hari Garg, deputy Ranger has been asked to temporary charge. Inter alia contending that the transfer of the petitioner is punitive in nature and has been passed only by way of punishment on the grounds of misconduct said to have been committed by the petitioner, petitioner has filed this petition.

(2.) SHRI N. S. Ruprah, learned Counsel for the petitioner inviting attention to this Court to the impugned order dated 13-3-2008 points out that in the transfer order the reasons for transfer is indicated to be non-payment of salary to the employees within time, misappropriation and financial irregularities and other allegations. It is stated that without holding any enquiry or show-cause notice and in violation to the principles of natural justice petitioner is punished by the order of transfer and as the allegations of misconduct indicated in the order of transfer are held to be substantiated by the respondents it amounts to casting stigma and therefore the order of transfer is assailed mainly on the aforesaid ground. That apart, Shri N. S. Ruprah, learned counsel for the petitioner points out that in directing the petitioner to hand over the charge to respondent No. 4 who is to hold the aforesaid post on officiating basis respondents have committed breach of the circular dated 23-12-2002, which prevents giving the charge on temporary basis to a junior employee. Accordingly, on these grounds petitioner resists the order of transfer and prays for quashing the same.

(3.) SHRI Shailesh Mishra, learned Govt. Advocate for the respondent nos. 1 to 3 refutes the aforesaid and points out that the allegations of misappropriation indicated in the order of transfer are the reasons for transfer which is indication of the public interest and the administrative exigency which warrants transfer and does not cast any stigma nor (Joes not involve any penal consequences. Petitioner's service conditions are not adversely effected because of the order of transfer and therefore it is argued by Shri Mishra, learned Counsel that the order of transfer does not suffer any illegality warranting interference.