MOHD SULTAN SHAH Vs. STATE OF J&K

JUDGEMENT

(1.) HEARD .

(2.) PETITIONER is posted as Live Stock Assistant, in Animal Husbandary Department at Leh. The Director Animal Husbandary, (Respondent No.2) transferred C. L Kisoo, vaternary Assistant, Nimoo, Leh (Respondent No. 4) and attached him to Directorate of Animal Husbandary. In his place Mohd Sultan Shah, Live Stock Asstt. has been ordered to work. Chief Animal Husbandary Officer, Leh (Respondent No 3) has not relieved Kisoo and disallowed Shah to join in his place. The Director issued further directions to Chief Animal Husbandary Officer Leh to implement the order and relieve Kissu and allow Shah to join and function in his place. As the Chief Animal Husbandary Officer has failed to implement the orders, therefore, petitioner has come in this writ with the prayer that the writ be issued to the Respondent No.3, to implement the order and restrain Kisoo to continue to discharge duties as Veternary Assistant.

(3.) IT is manifest that in the Writ, administrative orders, instructions are sought to be implemented. The Writ jurisdiction cannot be allowed to be used for implementation of administrative instructions, internal adjustments ordered by departmental heads and transfer orders when no rights stand violated and legal obligations are infringed. The non compliance with the order of superior officer by a subordinate is a matter for the department and touches squarely the control, supervision and discipline in the department No rights of the petitioner are violated in this case. Interference with such matters by the Court in writ jurisdiction is the least one would expect, notwithstanding the fact that non compliance and failure to implement the order of a major head of the department by his subordinate is a serious matter, in so far as it errodes authority, effect discipline, breeds in -efficiency, promotes incompetence, opens up avenues of corruption and malpractice and above all nails the system itself. Given all this still it is essentially prime concern of the Executive and its concerned department. It is for the competent authority(ies) to see that the orders of superiors are implemented and complied with.