K P VERMA Vs. STATE

JUDGEMENT

(1.) I have heard the learned counsel for the parties on the admission of this petition. I have also gone through the counter filed by the respondents 2 and 3 as also the rejoinder filed by the petitioner. No counter however has been filed on behalf of the respondent No. 1.

(2.) THE controversy in this case is very short as to whether the Chief Engineer P.H.E. is competent to transfer an Assistant Executive Engineer, and if so whether in the present case it suffers from the vice of malafides.

(3.) THE petitioner was posted as Assistant Executive Engineer P.H E. at Sub -Division Kot -Ranka Rajouri, and was transferred by the concerned Chief Engineer, vide impugned order pre -maturely. The said Chief Engineer before his promotion was the immediate officer of the petitioner as Superintending Engineer, and during that period allegedly he was not wall deposed of towards him. According to the petitioner the said Chief Engineer bursed a serious grudge against him not only when he was posted as Superintending Engineer and also continued the same after his promotion also. He has annexed some documents with the writ petition in this regard Allegedly the petitioner was transferred by him for this very reason at the time of his retirement.