KEWAL KRISHAN GANDOTRA Vs. STATE

JUDGEMENT

(1.) SHRI Kewal Krishan Gandotra, a junior Assistant in the Department of Food and Supplies at Jammu (at present under suspension) has filed this petition under Article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu and Kashmir for the issuance of a writ of certiorari quashing Order No. FK -ll1/77 -E dated 6 -10 -1977 vide which he had been transferred along with his post to Leh.

(2.) IT is averred by the petitioner that on 28 -6 -1977 there was some altercation between the petitioner and respondent No. 2 as a result of which disciplinary proceedings were initiated against the petitioner. A show cause notice was issued to him on 9 -8 -1977 asking him to explain as to why disciplinary action, as warranted by the rules, be not taken against him for having acted in a manner unbecoming of a Government Servant. The copy of the show cause notice has been attached with the petition as Annexure "B". The petitioner submitted his explanation. On receipt of the explanation, the authorities considered the same and found that the explanation was unsatisfactory and contained false and malicious allegations which prima facie showed that the petitioner was guilty of acting in a manner un becoming of a Government employee, in violation of Rule 3 (i) (iii) of the Jammu and Kashmir Government Employees (Conduct) Rules, 1971. A charge sheet was accordingly issued to the petitioner on 7 -10 -1977, copy whereof has been attached as Annexure "D" to the petition. The Departmental enquiry against the petitioner has not been concluded.

(3.) IT is also averred by the petitioner that because of the personal annoyance of respondent No. 2 and because of his malafide intention, the petitioner has been transferred along with his post to Leh by virtue of the Government Order dated 6 -10 -1977, copy whereof has been attached as Annexure "A" to the petition. In a nutshell the petitioner has impugned the order of transfer, Annexure "A", on the following grounds: -