MOHINDER NATH Vs. STATE AND ORS.

JUDGEMENT

(1.) PETITIONER is aggrieved of order No. 85 -DCP of 2013 dated 17.07.2013 issued by respondent No. 2 by virtue whereof petitioner has been transferred and posted as Senior Assistant of Inspection Division Jammu in place of private respondent No. 4 who stands transferred and posted as Senior Assistant of EM and RE Wing (ED) Kathua in place of the petitioner. The impugned order is assailed on the ground that the same violates SRO 343 of 2004 read with the circular No. 48 GAD of 2009 dated 23.11.2009. The impugned order is also assailed on the ground that the same is against the statutory policy, has been passed without jurisdiction and the same does not assign any reason for effecting the transfer.

(2.) RESPONDENTS 1 to 3 have contested the petition pleading that the post of Senior Assistant held by the petitioner on substantive basis was a Divisional Cadre Post and any Senior Assistant could be transferred to any particular Division/Office within the Jammu Division. It is further pleaded that the petitioner was previously posted at Jammu and in terms of order dated 10.03.2011, he was transferred from Jammu and adjusted in EM and RE Circle Kathua which was accepted by him. But when he was transferred in terms of impugned order from Kathua to Jammu, he raked up the issue through the medium of present writ petition on the ground of jurisdiction and cadre. It is pleaded that the petitioner is estopped from questioning the validity of impugned transfer order. It is further pleaded that the impugned order has been issued in the interest of administration and respondent No. 2 has the jurisdiction to pass the said order.

(3.) IN view of the objections raised to the maintainability of the petition, the petitioner sought amendment in the writ petition to incorporate the provisions of Rule 23 of Jammu and Kashmir Civil Service Decentralization and Recruitment Act, 2010 instead of SRO 343 of 2004 which was allowed.