RAJESH PARIHAN Vs. STATE

JUDGEMENT

(1.) Petitioner, who was working in Industries and Commerce Department, was posted as Incharge DIC Kathua in the year 2017 and was transferred to DIC Poonch vide transfer order No.31-IND of 2019 dtd. 8/2/2019.

(2.) This transfer order has been assailed by the petitioner in this petition on the ground that he had been transferred prematurely against the transfer policy, the order of transfer is against the instructions issued by the Election Commission of India, as such, is arbitrary, illegal and required to be set aside. The other ground of challenge is that transfer order passed by respondent No.3, who was not competent to pass the same since he stood also transferred on 8/2/2019 i.e., same day, when the order of transfer was issued. Lastly, it has been alleged that the order of transfer has been issued only to give benefit to the blue eyed persons of the respondents.

(3.) Transfer of an employee of the State Government is covered under Rule-27 of the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956, which reads as under:-