LAWS(J&K)-2015-6-25

AB. RASHID (DR.) Vs. STATE AND ORS.

Decided On June 01, 2015
Ab. Rashid (Dr.) Appellant
V/S
State And Ors. Respondents

JUDGEMENT

(1.) The petitioner in the present petition challenges .the Govt. Order No. 1091-GAD of 2014, dated 21.10.2014 whereby the petitioner, who was working as Director, Industries and Commerce, Jammu has been transferred and posted as Project Director, Sarva Shiksha Abhiyan.

(2.) The order impugned is questioned on the ground of malafides as also on the ground that the same was premature and without jurisdiction in terms of Govt. Order No. 861-GAD of 2010, dated 28.7.2010. On malafides

(3.) It was urged that the petitioner has been posted as Director, Industries and Commerce vide Govt. Order dated 16.7.2014 pursuant to a decision taken by a Cabinet bearing No. 131/11/2014. However, immediately after assuming the charge, respondent No. 3, who was the minister of State for Industries and Commerce, started pressurizing the petitioner for immediately calling the Divisional Level Single Window Clearance Committee meeting for clearing the cases of M/s Shivam Metal Shaper Industries Works and M/s Adhishree Cold Storage in whose favour the Managing Director, J &K Small Industries Development Corporation (SIDCO) had earmarked a plot of land measuring 17 kanals each at Bari Brahmana, Jammu.