RAMASHISH RAUT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioners have challenged the order as contained in Memo No. 88 dated 2.2.2009 (Annexure -7) whereby services of the petitioners, who were on deputation to the Transport Department, have been sent back to the parent department.

(2.) LEARNED counsel appearing for the petitioners submitted that while the petitioners were functioning as Deputy Superintendent of Police, their services were placed with the Transport Department to be posted as Enforcement Officer, vide order as contained in Memo No. 3169 dated 3.7.2008 (Annexure -1). Pursuant to that, parent department of the petitioners, i.e. Home Department issued a notification as contained in Memo No.166 dated 3.7.2008 by which petitioners were relieved for giving joining in the Transport Department. Accordingly, petitioners no.1 and 2 gave their joining in the Transport Department on 7.7.2008 and 9.7.2008 respectively. After waiting for posting for number of months, the petitioner nO.1 was posted as Enforcement Officer, Ranchi Zone and was also given additional charge of Jamshedpur Zone, vide order as contained in Memo NO.1229 dated 22.11.2008 (Annexure -4). On the same day, the petitioner nO.1 gave his joining by virtue of the said notification issued on 22.11.2008 whereas the petitioner no. 2 joined as Enforcement Officer on 24.11.2008 at Hazaribagh Zone but only after two months, the services of the petitioners were returned to their parent department, vide order as contained in letter no. 88 dated 2.2.2009 (Annexure -7) which has been sought to be quashed.

(3.) LEARNED counsel by referring to Annexure -9 submitted that Transport Department has also issued letter on 15.6.2001 whereby it has been stipulated that the period of deputation should be initially for two years and if the services is found satisfactory, the tenure can be extended for further two years but the respondents ignoring the policy decision of the Government, transferred the petitioners only after two months of taking over the charge as Enforcement Officer which is quite illegal as transfer of officer is required to be effected on the basis of the set norms or guidelines and that power of transferring an officer cannot be wielded arbitrary, mala fide and without there being any reason.