MD QUAMRUDDIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. P.K. Sinha, Senior Advocate for the petitioner, and the learned Government Advocate for the respondents. The sole petitioner has preferred this writ petition with the prayer to quash that part of Notification No. 7670, dated 28 -12 -98 (Annexure -4), issued by the Minor Irrigation Department, Government of Bihar, whereby respondent No. 6 (Bisheshwar Prasad), Executive Engineer, has been transferred the Minor Irrigation Division; Latehar, which is occupied by the petitioner.

(2.) According to the petitioner, he is an Executive Engineer in the services of the Bihar Government, and his parent department is the Department of Water Resources. By order dated 28 -9 -97 (Annexure -11 to the Petitioner's rejoinder), the petitioner was transferred from his previous place of posting at Jamshedpur to the Department of Minor Irrigation Division, Latehar. As stated above, his parent department, is the Department of Water Resources, and was by this order taken on deputation by the Department of Minor Irrigation. By notification contained in memo No, 2909, dated 9 -6 -98 (Annexure -1), the petitioner's services were returned to the parent department for administrative reasons without giving him specific posting. By notification contained in memo No, 1627, dated 9 -10 -98 (Annexure -3), the petitioner who was hitherto waiting for posting, was transferred as Executive Engineer in the Water Outlet Research Division, Motihari, which was a vacant post in the parent department itself. By notification contained in memo No. 6298, dated 7 -11 -98 (Annexure -3), the aforesaid order dated 9 -6 -98(Annexure -1), was cancelled, and the petitioner's posting as Executive Engineer, Minor Irrigation Division, Latehar, was restored. By the impugned order contained in memo No. 7970, dated 28 -12 -98 (Annexure -4), respondent No. 6 has been posted as Executive Engineer, Minor Irrigation Division, Latehar, a post to which the petitioner has been posted vide order dated 7 -11 -98 (Annexure -3).

(3.) The petitioner further prays that Annexures -8, 9 and 10, brought on record as Annexures to the amendment application and are consequential to Annexure : 4, should also be quashed along with Annexure -4. By the said order dated 9 -1 -99 (Annexure -8), issued under the signature of the Deputy Secretary, in the Department of Water Resources, addressed to the petitioner is to the effect that respondent No. 6 has already taken over as Executive Engineer at Latehar on 8 -1 -99, and was directed to hand over charge to respondent No. 6 and join at Motihari vide Annexure -2, failing which he shall be deemed to have been automatically deprived of his charge w.e.f. 13 -1 -99. The letter dated 12 -1 -99 (Annexure -9), issued by the Executive Engineer, Palamu, addressed to the petitioner is in an effort to communicate and carry out the said order dated 9 -1 -99 (Annexure -8). Annexure -10 is the charge report dated 16 -1 -99, which bears the signature of both the petitioner and respondent No. 6, whereby the petitioner had handed over charge as Executive Engineer, Minor Irrigation Division, Latehar, to respondent No. 6 on 16 -11 -99. It must be stated that the said amendment application was allowed by this Court, by order dated 9 -3 -99, whereby Annexures 8 to 10 have been allowed to be challenged in. the writ petition.