O P BHASKAR Vs. STATE OF J&K

JUDGEMENT

(1.) IT was by sheer chance that an issue of substantial importance cropped up in this petition i.e. whether an order signed by the Addl. Chief Secretary (Home) can be treated to be an order validly passed by the Govt. and whether the court can go behind such order to find out if it has been, infact, passed by the Government? The matter involves survey and scrutiny of constitutional provisions. Business Rules of the Government and above all decisions of the Supreme Court.

(2.) PETITIONER is a D.I.G. in the Armed Wing of the State Police, Force posted at Jammu. A signal was issued by respondent No: 2 vide CB/PP -I/93/4362 -65 dated July 13, 1993 conveying as under: - "The Government has approved the transfer of Shri Muni Lal Addl. DIG CID as Addl. DIG Armed Police Jammu in place of Shri OP Bhaskar who has been posted as OSD in the CID headquarters. Shri Muni Lal will report at the new place of posting on July 14, 1993 to relieve Shri Bhaskar who will report in the CID HQRS on July 17,1993 under intimation to all concerned".

(3.) PETITIONER challenged this signal broadly on the grounds that respondent No: 2 (Director General of Police) is not competent to transfer him and that order impugned was actuated by malafides.