SUNIL KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has challenged the order contained in Notification No. 373 dated 6.3.2007 issued by the State Government in the Department of Rural Development Government of Bihar and communicated to the petitioner vide Memo No. 1315 dated 6.3.2007 whereby he has been transferred from the post of Assistant Engineer, Rural Engineering Organisation. Sub-Division Office, Thakurganj, on the vacant post of Assistant Engineer. N.R.E.P. The transfer order has been challenged by the petitioner on the ground that it has been issued for malicious reasons on the recommendation of local M.L.A. respondent no. 4 as well as in contravention of the rules. The transfer order has not been passed on the recommendation of the Establishment Committee. In support of this contention petitioner has referred Annexure-6 to the supplementary affidavit.

(2.) The local M.L.A. has written a letter to the concerned Minister of Rural Development Department regarding the transfer of petitioner for the reasons that the petitioner and one Brij Kishore Mandal have remained posted at Kishanganj for more than 8-10 years. The local people are also not pleased with the activities of these two Engineers and several complaints are being made against them to the superior authority. In the letter it has also been mentioned that for administrative reasons also any officer should not remain posted at one place for such a long period as such they should be transferred. The concerned Minister on such request and considering the reasons assigned directed the department to pass transfer order as per rule on recommendation of the Establishment Committee. Thereafter the transfer order was issued on recommendation of Establishment Committee.

(3.) Counter affidavit has been filed on behalf of respondents where it has been stated that the petitioner was posted in R.E.O. Works Sub-Division, Thakurganj under R.E.O. Works Division, Kishanganj since 12.9.2002, and in compliance of transfer order petitioner has already been relieved for giving joining to the transferred place. The reason for passing transfer order has been mentioned to be administrative. Since the petitioner has already served for more than three years in R.E.O. Works Sub-Division, Thakurganj as such his transfer is proper and legal. The department is competent to transfer an officer who has completed three years of service at a place of posting. The transfer order being in conformity with the posting and transfer rule of the Government, employer needs no interference. In the counter affidavit it has also been stated that the District Magistrate, Kishanganj, had also recommended for petitioner's transfer, as several irregularities were detected in such projects, which were completed as being conducted by the petitioner.