KAILASHPRASADSINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ application has been filed for quashins of Annexure-9, so far as it relates to the petitioner, which is an order of transfer by which the petitioner has been transferred from Patna to Ranchi. According to the learned counsel appearing on behalf of the petitioner, the said order, as contained in Annexure-9 is arbitrary and illegal, in view of the circular issued by the State Government in respect of the transfer and posting of the Government Servants. Tt has further been submitted that the said order is also by way of punishment, as the petitioner was not given an opportunity to show-cause, as such the same suffers from the vice of malice and arbitrariness and is in violation of the principle of natural justice. The petitioner was initially appointed as Superintendent, Industrial Training Institute and subsequently was designated as principal and was posted at several places in that capacsity and his last posting was an Assistant Director, Training Directorate of Employment Department of Labour, Employment and Training Government of Bihar.

(2.) According to the learned counsel appearing on behalf of the petitioner, the petitioner, who has been working as Principal, Industrial Training Institute, Gaya since January, 1989, was given additional charge of Regional Inspecting Officer, Patna vide office order dated 22-1-91 and in which capacity he was entrusted with enquiry into the illegal and irregular admission taken by the different Institutes in the region on the basis of forged and fabricated certificates in the year 1991. Subsequently, the petitioner was transferred to the post of Assistant Director, Training, Directorate of Employment, Department of Labour, Employment and Training Government of Bihar by order dated 31-12-91 on which he joined on 2-1-92 and was continuing on the said post till the present order of transfer was passed. It has been contended that the petitioner has still not handed over charge and he is continuing at Patna. The allegation of the petitioner is that in course of enquiry, he had detected several irregularities and as he had brought this matter to the knowledge of his superior authorities at the instance of the vested interest whose cause was going to be affected, he had been at first relieved from the additional charge, which he was holding and subsequently transferred to Ranchi by Annexure-9. It has been asserted that the present Director, Employment and Training, Respondent No. 4 joined on 8-4-92. The petitioner submitted his second report to the Respondent No. 4 on the basis of which 215 students of various Institutes were ordered to be discharged from the Institutes vide letter dated 4-5-92.

(3.) The further case of the petitioner is that the principals and students of many Institutes who were affected by his enquiry report, approached the Respondent No. 4 and it has been asserted by the petitioner that huge amount of money was also paid to Respondent No. 4 and thereafter Respondent No. 4 called the petitioner and asked him to submit a fresh report of his liking. After the petitioner expressed his inability to do so, he was threatened with dire consequences and in colourable exercise of power, Respondent No, 4 withdrew from the petitioner the additional charge of Regional Inspecting Officer, Patna, thdugh no alternative arrangement was made for that post, On 14-5-92, Respondent No 4 issued another office order by which the works of all the Assistant Directors were reallocated, which led to further curtailment in the function and responsibility of the petitioner. The petitioner protested to Respondent No. 4 against the said re-allotment of work stating therein that these orders were illegal, irregular and highly motivated. Copies of the said letters were also sent to the Minister and Secretary of the Department concerned. As the petitioner was trying to expose the vested interest in the Department and according to him, Respondent No. 4 and other such persons made hectic efforts and political pairvis, as such, the impugned notification No. 1533 dated 30-6-92 was issued transferring the petitioner from the post of Assistant Director, Training at Patna to Ranchi.