JAGBANDHU MAHATHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONER in this writ application is a Circle Officer in the service of State of Bihar. He has challenged and sought quashing of order contained in Memo No. 1231 dated 20.12.1999 (Annexure -1) insofar as it relates to the petitioner, an order for his transfer from the post of Circle Officer, Jugsalai (East Singhbhum) to the post of Circle Officer, Jhikpani (West Singhbhum) and also the consequential order dated 21.12.1999 (Annexure -2) by which another order of same date authorising the petitioner to assume unilateral charge of the post of Circle Officer, Jugsalai was cancelled in view of impugned order of transfer contained in Annexure -1.

(2.) THE facts of the case, in brief, are as follows. On 30.6.1999, the petitioner was transferred from Hilsa to Panki (Palamau) as per recommendation of Establishment Committee. Petitioner wanted to be posted at Jamshedpur or at nearby Anchal close to Jamshedpur on the ground that his old and ailing father stays at Jamshedpur and he is required to look after him. Instead of Joining at Panki, the petitioner appears to have filed a representation for being posted at or near Jamshedpur on 4.11.1999. On 29.11.99, the Establishment Committee held a meeting, as appears from Annexure -B/4 to the counter -affidavit of respondent No. 4, to consider those cases where the employees concerned had filed representations against their transfer. Cases of 87 persons appear to have been considered but that did not include case of the petitioner. Thus, without any recommendation of the Establishment Committee the petitioner was transferred by Annexure -3, an order dated 8.12.1999, to Jugsalai (East Singhbhum). By the same order, one Sunil Kumar was transferred from Jugsalai to Gamharia and respondent No. 4 was transferred from Gamharia to Chandankyari (Bokaro). The petitioner was not given charge at Jugsalai and hence, the Deputy Commissioner vide an order dated 21.12.1999 (Annexure -5) authorised the petitioner to assume unilateral charge but in the meantime, the impugned order dated 20.12.1999 had been issued whereby the petitioner was transferred to Jhikpani and respondent No. 4 was transferred in place of petitioner at Jugsalai and in view of the impugned order contained in Annexure -1 the Deputy Commissioner, East Singhbhum, Jamshedpur issued another order on 21.12.1999 itself which is the other impugned order contained in Annexure -2 whereby Annexure -5 was cancelled.

(3.) ON behalf of the petitioner, the impugned orders were assailed mainly on two grounds. Firstly, on the ground that he is being subjected to a pre -mature transfer within few days of his earlier transfer on 8.12.1999 and secondly, on the ground that there were no good reasons for transferring him from Jugsalai to Jhikpani specially when he had been posted at Jugsalai in view of his representation dated 4.11.1999 (Ann exure -10).