RAM KARAN RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ application, the petitioner has prayed for issuance of an appropriate writ directing the respondent No. 2, Deputy Commissioner, Dhanbad to accept the joining report of the petitioner and further to direct respondent No. 3 to hand over charge of the post of Circle Officer, Dhanbad to the petitioner.

(2.) Petitioner's case, in brief, is that by notification dated 30-6-98, the petitioner amongst others, was transferred from Namkum Anchal to Dhanbad Anchal on the post of Circle Officer (Anchal Adhikari). By another notification dated 30-6-98 respondent No. 3 was transferred from Dhanbad Anchal to Areraj Anchal. Copies of the notifications have been annexed as Annexures 1 and 2 to the writ application. It is stated that pursuant to the aforesaid notification the petitioner was relieved by the District Establishment Deputy Collector from Namkum Anchal in order to enable him to join at Dhanbad. Accordingly on 16-7-98, the petitioner handed over charge to the Circle Officer who had been posted in his place at Namkum Anchal. Immediately thereafter on 8-7-98 the petitioner submitted his joining report before respondent No. 2, Deputy Commissioner, Dhanbad but he was not allowed to join.

(3.) On the other hand, the case of respondent No. 2 in the counter-affidavit is that by notification dated 30-6-98 the petitioner was not transferred rather by this notification the services of the officers were bestowed upon Jharkhand Area Autonomous Council (shortly JAAC) for their posting at various circles. As a matter of fact, by that notification the services of the officers concerned were placed under JAAC is accordance with the provisions of Jharkhand Area Autonomous Council Act and there was merely a recommendation by the Revenue Department for placing them in suitable places. It is stated that respondent No, 3 was already posted as Circle Officer, Gamarhia prior to 23-6-98 fide notification dated 18-7-97. Subsequently, by notification dated 23-6-98 issued under Sec. 32(2) of the aforesaid Act respondent No. 3 was transferred from Gamharia to West Singhbhum to join as Circle Officer, Dhanbad within Dhanbad district. Respondent No. 3, in compliance of the said notification, joined in his place of posting at Dhanbad on 24-6-98. According to respondent No. 2 the joining of respondent No. 3 as Circle Officer, Dhanbad was according to official procedure which was reported to the Finance Department, Government of Bihar and the Finance Department issued pay slip to respondent No. 3 vide memo No. 763 dated 30-6-98. Respondent No. 3 also appeared and filed counter-affidavit stating the same facts which have been stated in the counter-affidavit filed by respondent No. 2.