JAGAT RAM GAUTAM Vs. H.P.CIVIL SUPPLIES

JUDGEMENT

(1.) Feeling aggrieved by the impugned transfer dated 22.11.2004 whereby the applicant was transferred from Whole Sale Godown Arki to Gas Agency Keylong within a short span of 3 months has preferred the present original application with the prayer to quash and set aside the transfer order alleging mala -fide and arbitrariness.

(2.) Stated briefly the facts of the case are that this case was listed before this Tribunal on 1.12.2004 and the impugned transfer order annexure A -1 was stayed qua the applicant. Thereafter reply and rejoinder were filed. The case was finally disposed of by Division Bench of this Tribunal vide order dated 18.3.2005 by dismissing the original application. Subsequently this order was challenged before the Honble High Court by the applicant by way of C.W.P. No.331/05. This civil writ petition was finally disposed of on 26.4.2005 vide which the order of this Tribunal dated 18.3.2005 was set aside and the case was remanded back for disposing of the same after considering the pleadings of the parties afresh. The parties were further directed to appear before this Tribunal on 2.5.2005. Thereafter time was given to the respondents corporation to file sur -rejoinder to the rejoinder already filed by the applicant, which has been since filed. Operation of impugned transfer order Annexure A -1 was also stayed.

(3.) Respondents No.1 and 2 have resisted the application on the ground that the applicant holds transferable post of Public Distribution Helper and his transfer has been ordered in the general public interest on administrative grounds and the retention at one place cannot be claimed as matter of right. The respondent with the prior approval of the competent authority is within its power to issue the transfer order, therefore, the impugned order does not suffer from any illegality or infirmity.