RAM GOPAL Vs. STATE AND OTHERS

JUDGEMENT

(1.) By this petition the petitioner has impugned the order by which he is transferred. The order is dated 15th April, 1994 and issued by the Superintending Engineer Administration on behalf of the Chief Engineer Irrigation, Hanumangarh.

(2.) This order of transfer is assailed mainly on the ground that it is issued at the instance of the Minister for Irrigation. It is also challenged on the ground that the order of transfer does not disclose that it is either in public interest or for administrative exigency or at the request of the petitioner and therefore, it should be presumed that it is for an extraneous purpose, an order issued for extraneous purpose is liable to be struck down. The third ground of challenge is that it is a policy of State Government that ordinarily a person should not be transferred from the place of his posting in the last two years of his service. It is claimed that this policy is mandatory in nature and should be read to mean that no person shall be transferred under any circumstances in the last two years of his service.

(3.) Notice was issued of his petition on 3rd May, 1994 and the operation of the impugned order was stayed if not already implemented. The matter was ordered to be put up on 17th May, 1994 on 19th May, 1994, when the case come up before this Court, a submission was made on behalf of the State that the petitioner has already been received before the order of this Court dated 3rd May, 1994. Time to file reply was sought, it was extended till today. In spite of this opportunity no reply is filed. The case is, therefore, heard without the reply of the State.