TEJ KRISHAN KOUL Vs. STATE AND ORS.

JUDGEMENT

(1.) Petitioner seeks issuance of Writ of Certiorari to quash Govt. Order No. 191-PDD of 2001 dated 15.5.2001 passed by respondent-1 whereby petitioner has been transferred from (sic) Wing of the Power Development Department and post in Power Development Corporation. He also seeks to quash Order No. PDC/MD/11 of 2001 dated 16.5.2001 issued in consequent to the Government Order dated 15.5.2001. The petitioner has been posted in Generation wing by the respondent-4. He further seeks to quash Order No. CEG/PDC/Entt/E-18 of 2001 dated 18.5.2001 issued by the Chief Engineer Generation Wing Power Development Corporation Srinagar adjusting the petitioner as Assistant Executive Engineer Electrical.

(2.) The impugned order has been challenged on the ground that no person has been posted to relieve the petitioner. Petitioner being the senior person was not required to be sent as junior-most person must go in terms of the SRO (SRO has not been made available, but only reference has been made without mentioning even SRO No./year or its date). The transfer of the petitioner amounts deputation. He has not been consulted which is in violation of Regulation 52 of Civil Service Regulations. The wife of the petitioner is ailing. Respondents should have taken into consideration welfare of the petitioner. Petitioner has been sent for second time to Leh which is against the provisions of SRO.

(3.) Heard the learned counsel for the parties and perused the record annexed with the petition.