NASIB SINGH Vs. STATE

JUDGEMENT

(1.) Heard learned counsel for the petitioner at length.

(2.) This petition is filed by the petitioner against his transfer from the post of Assistant Accounts Officer, PHE Procurement Division, Jammu to the post of Assistant Accounts Officer, State Information Commission J&K against available vacancy vide Government Order No.260-Acctts of 2018 dtd. 12/9/2018. By virtue of the aforesaid order, Director General, Accounts and Treasuries, Finance Department had transferred the Assistant Accounts Officers, in which 72 transfers and postings were made and the petitioner was one of them.

(3.) Contention of learned counsel for the petitioner is that the petitioner was holding the present position from 7/10/2016 and has been prematurely transferred which is contrary to the Transfer Policy issued vide Government Order No.861-GAD of 2010 dtd. 28/7/2010 and as such, said transfer is liable to be quashed on the ground that in terms of SRO 307 dtd. 11/7/2018, every transfer is required to be processed in accordance with the provisions of the Jammu and Kashmir Government Business Rules and the Transfer Policy notified vide Government Order No.861- GAD of 2010 dtd. 28/7/2010. Petitioner assails the order of transfer as being premature as he has not completed two years' tenure as required under SRO 281 dtd. 23/6/2018 and the approval of the competent authority has not been obtained.