LAWS(P&H)-2015-11-152

AMRIK SINGH Vs. STATE OF PUNJAB AND ORS.

Decided On November 17, 2015
AMRIK SINGH Appellant
V/S
State of Punjab and Ors. Respondents

JUDGEMENT

(1.) Heard Ms. Gurjeet Kaur, learned counsel for the petitioner and Mr. Manu K.Bhandari, learned counsel appearing for caveator/R-5 on the validity of the transfer order (Annexure P-3) which is only a relevant extract produced in the paper-book.

(2.) Mr. Bhandari points out that ten officials belonging to the Jail Department have been transferred from one Jail to the other by the common administrative order. The transfer order has been passed towards efficient performance of service in the Jail Department and is evidently based on administrative exigencies and reasons which cannot be pried open by Court unless it smacks of malafides. The impugned transfer order is dated June 30, 2015. On June 30, 2015 R-5 [caveator] was transferred by the same order to Sub Jail, Sri Muktsar Sahib. That is when CWP No.15480 of 2015 was filed in this Court by one Kulwant Singh of the Jail Department wherein this Court passed an order on September 30, 2015 rendering the writ petition infructuous as the orders of transfer were withdrawn by the Government. The writ petition has been cited in para.9 of the present petition.

(3.) The present impugned order has been passed on November 05, 2015 by way of which the petitioner has been transferred from Sub Jail, Moga to Sub Jail Fazilka against a vacant post which itself shows administrative exigency as it is not vice any third party/official.