GH HYDER ZARGAR Vs. STATE

JUDGEMENT

(1.) PETITIONER -Junior Engineer, having been transferred from R&B Division Khanabal to R&B Special Sub Division Kulgam, has invoked the writ jurisdiction of this Court to have the order of transfer set at naught on the ground of mala fides attributed to the respondent No.2 -Chief Engineer. In support of the contention, emphasis is laid on the averment made in para (d) of the grounds which reads:

(2.) LAW is settled that power of transfer must be exercised honestly which would mean that it should aim at achievement of public or administrative interest or as demanded by exigencies of service. As a corollary, the order can be interfered with if it emanates from mala fides which have to be established. In the case on hand the grounds urged have no foundation because of absence of the relevant material, for instance, the petitioner has stated, that respondent No.2 has retained his blue eyed boys. Who are those, particulars are wanting. He has further stated that, the respondent No.2 is animus towards him, for what, nothing is stated. No instance even worth the name is urged which would lend support to the contention. Suffice it to say that bald assertions cannot be a substitute for onus of establishment of mala fides. Situated thus, petition fails. It is dismissed along with CMPs. Interim direction, if any, shall stand vacated.