ABDUL RASHID Vs. PUNJAB WAKF BOARD

JUDGEMENT

(1.) ABDUL Rashid petitioner challenges in this writ petition order of his transfer. He is working as Rent Collector with Punjab Wakf Board at Amritsar. He joined there on July 2, 1990 and prior to that he had worked at different places. Vide order Annexure P-1, dated 7/8-10-1991, he was transferred to Rajpura. Challenge to his order is two fold; firstly, that as per rules framed he could be transferred only after 4 years of posting at a particular station; and secondly, that the order of transfer was actuated on account of malice on the part of respondent No. 3-Shri Arshad Ali Khan, Chief Estate Officer, Punjab Wakf Board. The ground of malice is elaborated by saying that earlier one civil suit was conceded by respondent No. 3 relating to land worth crores of rupees. On the statement of respondent No. 3 in that suit, it was decreed on July 7, 1972 and when the petitioner was posted at Amritsar, it came to his notice and he reported. On that ground respondent No. 3 openly declared to get the petitioner transferred from Amritsar. Respondent No. 3 denied the allegations of mala fide. The Board has also contested the writ petition inter alia, alleging that the order of transfer was passed on the complaint made against the petitioner; that he was not whole-heartedly working with the result that there was slackness in the recovery of rents of the properties of the Wakf Board. He was also home-sick and used to attend the office hardly 4-5 days in a week. The order was passed on administrative grounds and in public interest.

(2.) WHEN earlier arguments were addressed, it came to the notice that suit filed by the petitioner challenging the order of transfer was dismissed. However, we wanted to see the order of dismissal to know if any permission was sought to file a fresh suit on the same cause of action. Now copy of the order of withdrawal of suit has been produced which is Annexure P-9 with the replication. It shows that the suit was dismissed on October 22, 1991 on the statement of counsel for the plaintiff. No permission was sought or granted to file fresh suit on the same cause of action.

(3.) ANNEXURE P-3 contains the rules relating to transfer of the employees of the Wakf Board. The relevant extract there from is reproduced for facility of reference as under :