JAGDEEP SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioner through the medium of present petition challenges the order Dt. 27th of Feb '13, passed by the Principal Chief Conservator of Forests, Jammu, whereby respondent No. 6-Talib Hussain Banday, Forester, has been posted in place of the petitioner, who has been directed to report in the office of the Divisional Forest Officer, Udhampur Forest Division in view of his health condition. The order of transfer is challenged mainly on the ground that the same is bad for want of jurisdiction in as much as the Principal Chief Conservator of Forests, J&K, Jammu, had no authority to transfer the petitioner as in accordance with the Forest Code (7-A), it is only the Conservator of Forests, who could transfer the petitioner within the Circle.

(2.) According to the counsel for the petitioner, the Principal Chief Conservator of Forests, has the authority to effect inter-Circle transfers only, whereas, in case of transfers within the Circle, the said power of transfer lies with the Conservator of Forests.

(3.) The second ground of challenge is that the impugned order of transfer was against the Policy of transfer issued by the Government vide Government Order No. 861-GAD of 2010 Dt. 28th of July '10 [Refer [2011 (13) JKS JK-48 : JKS Soft JKS/6896], in as much as, respondent No. 6 could not have been transferred as it was a pre-mature transfer in terms of the said policy. Reference in this regard is made to an order Dt. 11th of Jan '13, whereby the said private respondent had earlier been transferred from Shivgarh Block of Batote Forest Division and posted to Bhatti Malli Block of Udhampur Forest Division. Since the aforesaid order, in regard to the petitioner, was passed as early as in Jan '13, as such, in view of the Transfer Policy, referred to above, the order impugned which transfers and posts the private respondent in place of the petitioner, it is stated is pre-mature, as the same has been issued after about one and a half month of the order which was earlier issued in Jan '13.