GHULAM NABI Vs. DIVISIONAL COMMISSIONER

JUDGEMENT

(1.) Petitioner Ghulam Nabi, working as Junior Asstt. in the office of Tehsildar Agrarian Reforms Doda, and holding a District Cadre Post, has been transferred by the Divisional Commissioner Jammu vide order No. 101/362/111/1855-58 dated 15.12.1992 from Doda to Udhampur District and the Deputy Commissioner Udhampur has been directed to adjust the transferee in the District against the available vacancy. Aggrieved of such transfer order, the petitioner has moved this writ petition on the ground that the Divisional Commissioner has no competency to transfer him from Doda to Udhampur District and in this regard refuge has been taken within the purview of Section 17 of the J&K Subordinate Service Recruitment Rules, 1992 which is reproduced hereunder :-

(2.) While the notice was given to other side, the interim direction was given by one of the learned Benches of this Court on 20.1.1993, whereby the impugned order was placed under suspension and the other side was asked to file objections.

(3.) Rule 17 quoted above clearly envisages that a member of the Divisional Cadre in the State service shall be transferred to another Divisional cadre or to any other District cadre under the orders of the Head of the Deptt.