SHYAM LAL Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner, who is working as Safai Daroga/Jamadar, has approached this court impugning his transfer from Municipal Committee, Ellenabad to Municipal Committee Kalanwali (Sirsa) vide order dated 27.6.2012. The order has been impugned alleging malafides.

(2.) The case set up by the petitioner is that he was working as Jamadar since 1.3.1982. His wife- Mrs. Chand Rani was also appointed as Sweepress on 18.10.1983. All along the work of the petitioner had been appreciated. In the elections of Municipal Committee, Ellenabad, held on 20.5.2010, daughter-in-law of the petitioner, namely, Mrs. Simran Athwal was elected as Municipal Councillor from Ward No. 2. She has her affiliation with INLD party. In the election for the posts of Chairman and Vice Chairman of the Municipal Committee held on 1.7.2010, the representatives having affiliation with INLD party were elected. The daughter-in-law of the petitioner also voted in their favour. At times, even pressure was put on the daughter-in-law of the petitioner to cast her vote in favour of the candidate belonging to Congress party. No Confidence Motion moved by the Congress party also failed. Even at that stage also, the daughter-in-law of the petitioner was pressurised to cast her vote in favour of No Confidence Motion. As a result of this, the petitioner and his wife were the targets for harassment. Vide communication dated 21.2.2012, Director General, Department of Urban Local Bodies, Haryana informed the Secretary, Municipal Committee, Ellenabad and Mandi Dabwali that regarding transfer of the petitioner from Municipal Committee, Ellenabad to Municipal Committee, Mandi Dabwali, a note has been received from Hon'ble the Chief Minister. As the appointing authority for the post is Secretary of the Municipal Committees concerned, their consent/no objection was required. The petitioner never made any request for his transfer from Municipal Committee, Ellenabad to Municipal Committee, Mandi Dabwali. On 26.6.2012, even the wife of the petitioner was placed under suspension. On 27.6.2012, the petitioner was directed to be transferred from Municipal Committee, Ellenabad to Municipal Committee, Kalanwali. This is the order of transfer, which has been impugned in the present petition.

(3.) On 20.2.2013, learned counsel for the State sought time to produce records of the case. On the next date of hearing, the record was not produced. One more opportunity was granted. On 5.4.2013, on a perusal of the record and finding that initially the transfer of the petitioner from Municipal Committee, Ellenabad to Municipal Committee, Mandi Dabwali was on the basis of a note received from Hon'ble the Chief Minister, whereas the stand taken in the replies filed by the Deputy Director, Urban Local Bodies, Haryana and Secretary, Municipal Committee, Ellenabad was that the proposed transfer of the petitioner vide communication dated 21.2.2012 was on his own request and from the record produced in court, learned counsel for the State had not been able to point out that there was any request made by the petitioner for his transfer, learned counsel for the respondents sought time to explain the discrepancy in the written statements vis-a-vis the record. The order passed on 5.4.2013 is extracted below: