RAJINDER SINGH Vs. STATE OF JAMMU & KASHMIR

JUDGEMENT

(1.) The petitioner challenges the order impugned dtd. 24/9/2018, by virtue of which, he has been transferred from the post of Chief Executive Officer, Tourism Development Authority, Patnitop to the post of Deputy Commissioner, Commercial Taxes (Recoveries), Jammu on the ground that it was premature and in violation of the transfer policy as notified vide Govt. Order No. 861-GAD of 2010 dtd. 28/7/2010.

(2.) It needs to be noticed that a Full Bench of this Court in Syed Hilal Ahamd and ors vs State of J&K and ors, 2015 (3) JKJ 398 has held that the transfer policy notified vide Govt. Order No. 861-GAD of 2010 has no statutory force or flavour. What was held by the Full Bench in the said judgment is thus:

(3.) Learned counsel for the petitioner urged that even when the Full Bench was right in holding that the transfer policy notified vide Govt. Order No. 861-GAD of 2010 had no statutory force, but on account of subsequent events, the same had assumed statutory colour and flavour.