BABU RAM Vs. STATE OF J&K AND OTHERS

JUDGEMENT

(1.) Quashment of Government Order No. 158-GAD of 2018 dated 25.01.2018, transferring petitioner from the post of Additional Deputy Commissioner, Reasi, and posting him as Deputy Labour Commissioner (Central), is sought for. A direction is also implored for to allow and permit petitioner to discharge his duties as Additional Deputy Commissioner, Reasi.

(2.) Petitioner, posted as Additional Deputy Commissioner, Ramban, vide Government Order No.1359-GAD of 2016 dated 14.12016, came to be transferred and posted as Additional Deputy Commissioner, Reasi. Respondent No.3, who is stated to be not the Minister Incharge of Department of petitioner, addressed a DO letter bearing No.PS/HMOS/F & P/299 dated 23.11.2017 to Deputy Chief Minister, J & K, requesting him to post one Shri Nagendra Singh Jamwal, Additional Secretary to Government, Industries and Commerce Department, as Additional Deputy Commissioner, Reasi, in place of petitioner as according to respondent No.3, his services were required in his Constituency. Further contention of petitioner is that on respondent No.3's request, the Deputy Chief Minister directed the Chief Secretary of the J & K State, i.e., respondent No.1 herein, to do the needful. Respondent no.1 is said to have, in turn, asked respondent No.2 to do the needful as per the directions of the Deputy Chief Minister and on the aforesaid directions, the case was processed for posting of Shri Nagendra Singh Jamwal as Additional Deputy Commissioner, Reasi, in place of petitioner. It is claimed by petitioner that it was only on the request of respondent No.3, who is alleged to have been averse to the posting of petitioner as Additional Deputy Commissioner, Reasi, as petitioner could not please him by doing certain acts which were not permissible under law. Petitioner avers that aforesaid Shri Nagendra Singh Jamwal did not agree for his posting as Additional Deputy Commissioner, Reasi and, therefore, respondent No.2 passed order impugned bearing Government Order No.158-GAD of 2018 dated 25.01.2018 whereby and whereunder respondent No.4 has been posted as Additional Deputy Commissioner, Reasi, instead of Shri Nagendra Singh Jamwal, just to dislodge petitioner from the aforesaid post. Petitioner maintains that there was no interest of administration in passing order impugned transferring petitioner from the post of Additional Deputy Commissioner, Reasi, but the only interest was that of respondent No.3 alone. Hence, this petition on the ground that impugned order is result of sheer mala fide exercise of powers by respondent No.2 at the instance of respondent No.3 and that petitioner has been transferred prematurely.

(3.) Objections on behalf of all the respondents have been filed. Official respondents in their objections have refuted the allegations of mala fide intention or political interference. It is insisted that the communication dated 211.2017, i.e., D.O letter dated 211.2017 addressed to the then Deputy Chief Minister by respondent No. 3, the then Minister of State, requesting for posting of Shri Nagendra Singh Jamwal, KAS, as Additional Deputy Commissioner, Reasi, vice petitioner, is not a part of record. They further insist that transfer or posting of Government servant at a particular place cannot be claimed by petitioner as a matter of legal right and Articles 14 and 16 of the Constitution guarantee equality before law. Learned counsel for official respondents has placed reliance on a judgment passed in Union of India and others v. N.P.Thomas, (1993) AIR SC 1605 contending that the Supreme Court ruled that an employee holding a transferable post has no vested right to remain posted at a particular place as a matter of right.