JAVED AHMED KITCHLOO Vs. STATE & ORS

JUDGEMENT

(1.) Petitioner, who is working in the Education Department and was posted as Incharge Deputy Chief Education Officer, Kishtwar, has assailed his transfer order No.870-Edu of 2018 dated 14.09.2018, by virtue of which he has been posted as Incharge Principal, HSS Dachan, Kishtwar. The transfer order is challenged primarily on the ground, that he has been transferred prematurely in violation of Government Order No.861-GAD of 2010 dated 28.07.2010 and SRO 307 dated 11.07.2018.

(2.) Learned counsel for the petitioner further states that the order impugned arbitrary mala fide since the order passed by respondent No.1, who had already been transferred vide Government Order No.1362-GAD of 2018 dated 10.09.2018 and as such, also was not competent to pass the transfer order, thus, the order not in public interest.

(3.) To support his contention, the petitioner has placed reliance upon the judgment of this Court passed in SWP No.130/2018 in case titled Babu Ram vs. State of J&K dated 16.08.2018 in which this Court was of the opinion that Govt. Order No.861-GAD of 2010 has been given statutory colour, as such, transfer could not be made in contravention to the said policy.