JATINDER SINGH CHHINA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner has prayed for a writ in the nature of certiorari for quashing of transfer order dated 25.01.2019 (Annexure P-7).

(2.) Petitioner was appointed as SDO Electrical in PWD Punjab on 20.6.1990. In the year 2016, he posed a challenge to promotion of his junior one Vikas Gupta as Superintending Engineer. In the said case (CWP No.20800 of 2016), notice of motion was issued on 3.10.2016. Thereafter, petitioner was transferred from Faridkot to Head Office, Patiala vide order dated 05.07.2017. He challenged this order vide CWP No.15395 of 2017 on the ground that transfer was malafide. Petitioner was transferred back to Faridkot and petition was rendered infructuous. As per the petitioner, in May, 2017, his increments were stopped. He posed a challenge to this order vide CWP No.24899 of 2017. Notice of motion was issued therein. Petitioner has also stated that he posed challenge to promotion of other departmental officials as well and an LPA in this regard is pending. In April, 2018, petitioner was again transferred from Faridkot to Patiala. He challenged this order by way of CWP No.15395 of 2017. Petitioner claims that he was transferred back to Faridkot again. He was thereafter transferred to Ludhiana in the Electrical Division. In January, 2019, the department took a decision to revamp the existing wings such as Civil, Electrical, Mechanical and Horticulture to curb the expenditure. In view of same, it created some Divisions and Sub Divisions attached to the office of Chief Engineer, Electrical, PWD (B&R), Punjab. Consequently, petitioner who was working as Executive Engineer, Ludhiana, vide order dated 25.01.2019, was transferred to newly carved out post of Executive Engineer (Technical), in the office of Chief Engineer (Electrical), Chandigarh. His stand is that it was Mechanical Division, Ferozepur, which has been renamed as Executive Engineer (Technical). Executive Engineer (Mechanical), Ferozepur was transferred to Electrical Division, Ludhiana, where petitioner was posted. This action was arbitrary as it resulted in transfer of the petitioner to the post of Executive Engineer (Technical), in the office of Chief Engineer (Electrical), Chandigarh. According to him, this exercise was undertaken with malafide intention to dislodge the petitioner. This is also evident from the frequent transfer orders passed in his case earlier.

(3.) In reply, affidavit of Vijay Kumar Chopra, Chief Engineer, Electrical Wing, Department of Public Works, B&R, Chandigarh has been filed. It has been stated therein that the conduct of the petitioner is not good. On 4.7.2018, a Press Note was appeared in the news paper regarding the presence of official in the Circuit House, Ludhiana in inebriated condition. He is alleged to have misbehaved with the officials present at the Circuit House. A news item (Annexure R-1) in this regard was published. The Superintending Engineer (South), PWD (B&R), Electrical Circle, Patiala had requested Chief Engineer to take disciplinary action against the official under Punjab Civil Service Rules. A charge-sheet dated 8.2.2019 has been issued to him, wherein following charges have been framed:-