ASIT KUMAR MUKHERJEE Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN all the cases, as common point of law is involved, they were heard together and are being disposed of by this common order.

(2.) THE case relates to transfer and posting within the area of Santhal Pargana and Chotanagpur (commonly known as Jharkhand area). The parties have challenged the jurisdiction of one or other authority i.e. State of Bihar or Jharkhand Area Autonomous Council (JAAC). The main question raised for determination is as to whether State of Bihar has jurisdiction to transfer or to post a Gazetted officer within Jharkhand area or such power is vested with the JAAC?

(3.) THE Commissioner cum -Secretary of the Forest and Environment Department by his letter No. 2734 dated 15.7.97 while intimated the Regional Development Commissioner, Ranchi and Principal Chief Conservator of Forest, Ranchi decision of the State to place the services of officers of Bihar Forest Service (Assistant Conservator of Forests) and Range Officers of Forest, under the control of JAAC, he specifically intimated that the list of such employees will be forwarded to the JAAC. The Welfare Department of the State of Bihar issued one Notification No. 3934 on 15.7.97 whereby services of gazetted officers already posted within Jharkhand Area were placed under disposal of JAAC.