SHAHID AHMED Vs. SKUAST

JUDGEMENT

(1.) The petitioner challenges the order dated 30.08.2019 to the limited extent of his transfer. According to the order impugned, the petitioner, who is stated to be a Chief Scientist and Head, Krishi Vigyan Kendra (KVK), Reasi and was attached with the Directorate of of Research has been ordered to be detached and posted at KVK, Doda against the post of Sr. Scientist and Head. Respondent No. 4 has been directed to be posted in place of the petitioner. A number of other transfers have also been effected through the same order, which, however, is not under challenge.

(2.) The order impugned is challenged on the grounds of jurisdiction and malafides.

(3.) It is stated that the order impugned has been issued under orders of the respondent No. 3, who was Incharge Vice-chancellor of the Sher-e-Kashmir University of Agricultural Sciences and Technology (SKUAST), Jammu. It was urged that according to the Act of 1982, i.e. the Sher-e-Kashmir University of Agricultural Sciences and Technology Act, 1982, in the event of a temporary vacancy of the post of Vice-Chancellor or in the event of his absence on leave or for any other reason, the senior most Director of the University, with the approval of the Chancellor may perform the routine duties of the Vice-Chancellor. According to Section 25(4), such a period has not to exceed six months.