BIJAY KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present petition has been preferred for quashing the order of transfer of the petitioner dated 15th February, 2008, whereby, the present petitioner, who is working as Junior Engineer at Dumri Work Division, District-Giridih, is transferred at the office of the Deputy Commissioner, District-Giridih, mainly on the ground that the petitioner ought not to have been transferred without recommendation of the Establishment Committee. It is also submitted by the learned counsel for the petitioner that initially the petitioner was transferred on 15th June, 2006 (Annexure-2) at Dumri Work Division, District-Giridih, and therefore also, frequently the petitioner ought not to have been transferred by the respondents.

(2.) I have heard learned counsel for the respondents, who has submitted that the petitioner was already working at Dumri Work Division, District-Giridih from June, 2006 and he has been transferred on 15th February, 2008, in the very same district at the office of the Deputy Commissioner, Giridih, on administrative grounds. Looking to the administrative exigency, the present petitioner has been transferred from Dumri Work Division, Giridih to the office of the Deputy Commissioner at Giridih. There is no legal vested right in the petitioner to continue at one place at longer time despite the administrative exigency, and therefore, the petitioner has been transferred validly in the eyes of law.

(3.) Having heard learned counsel for both the sides and looking to the facts and circumstances of the case, it appears that the present petitioner was working at Dumri Work Division, Giridih as Junior Engineer since 15th June, 2006, as per the order at Annexure-2. Thereafter, it appears that vide order at Annexure-3, the petitioner has been transferred on 15th February, 2008 at the office of the Deputy Commissioner, Giridih on administrative grounds. Looking to the administrative exigency, the petitioner has been transferred and therefore, I am not inclined to exercise extra-ordinary jurisdiction vested in this Court, for quashing the order of transfer. It all depend upon the administrative exigency and therefore, the petitioner has been transferred and that too in the same district i.e. Giridih. The petitioner is also working at the office of the Deputy Commissioner, Giridih, as on today, as per the submission made by the learned counsel for the petitioner and therefore, I am not inclined to interfere with the order of transfer of the petitioner at Annexure-3.