FIDA HUSSAIN Vs. STATE OF J&K AND ORS.

JUDGEMENT

(1.) The present Letters Patent Appeal has been preferred against the judgment and order dated 24.4.2015, passed by the writ court in SWP No. 3042/2014, whereby the writ petition filed by the appellant (writ petitioner), challenging his premature order of transfer has been dismissed.

(2.) It was urged that the impugned order of transfer dated 21.10.2014, had been issued prematurely within three months from the earlier order of transfer and, thus, was violative of the transfer policy framed by the Government vide Government Order No.861-GAD of 2010 dated 28.7.2010, which prescribed a minimum tenure of two years of an employee at a particular place of posting.

(3.) Besides this, it was also urged that the order of transfer had been issued for mala fide reasons as the respondent No.2, in his capacity as the Minister Incharge, had expected the appellant to execute a work which was not permissible under rules, which led to relieving out of the appellant from his present place of posting at Sidhra Bajalta, Jammu, and resulted in transfer of the respondent No.3, in place of the appellant, who is said to be a close relative of respondent No.2 i.e. the Minister Incharge.