GH RASOOL Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioner has questioned the impugned transfer order, Annexure -B to the writ petition dated 08.05.1998. In terms of the impugned order, petitioner who was working as Junior Assistant Storekeeper, Food Store, Kotranka has been ordered to be transferred and posted as Storekeeper, Food Store, Thanamandi, relieving Mohd. llyas Weighman and, he will also work as Salesman Thannamandi. As per the averments made in the petition, petitioner had completed one and a half year at Kotranka, when the petition in question was filed and has thus been transferred before permitting him to complete his tenure of two years. In case it was considered necessary to transfer the petitioner before completion of his normal tenure, In the public interest, then, the Competent Authority could order so with the prior approval of the Administrative Department. This having not been done, the so -called Ex -post -facto sanction that tools of no consequence to uphold the impugned order of transfer.

(2.) THE case of the petitioner is that the impugned order is highly arbitrary and having been passed in a mechanical manner, without application of mind and is aimed at causing harassment with a view to dislocate the petitioner from Kotranka on one hand and giving undue benefit to respondent No. 4, namely, Ghar Singh, who has been ordered to be posted in place of the petitioner.

(3.) RESPONDENT No. 2, Shri S.S. Jamwal, District, Food and Supplies, Jammu has been arrayed as a party by name, against him allegations have been made in Ground (C) in the writ petition in the following words: -