LAWS(JHAR)-2010-12-2

RATHINDRA NATH MAHANTY Vs. STATE OF JHARKHAND

Decided On December 01, 2010
RATHINDRA NATH MAHANTY Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) This writ application has been filed for quashing the notification no.6301 dated 21.10.2010 whereby the petitioner, who had been deputed on the post of Managing Director, Adityapur Industrial Area Development Authority (AIADA), has been directed to join in his parent department, i.e. Personnel and Administrative Reforms Department, Government of Jharkhand, Ranchi.

(2.) Mr.P.K.Prasad, learned Senior counsel appearing for the petitioner submitted that by virtue of an order of transfer to the post of Managing Director, AIADA the petitioner did join the post but just after 40 days of his joining, the impugned order has been passed which is quitie bad on two counts.

(3.) Learned counsel in this respect submitted that the petitioner after joining the post when did find that in spite of allotment of land for setting industry, it has not been done since long, steps were being taken for identifying those lands, so that allotment be cancelled and the land be settled to other persons, who can set up industry and this action of the petitioner made the petitioner an eyesore to scrupulous industrialist, who politically influenced the high ups to get the petitioner transferred from that post and succeeded in their efforts and as such, when the order of transfer is tainted with mala fide and thecase appears to be of victimization, the same is fit to be set aside.Learned counsel in this respect has referred to a decision rendered in a case of Navin Kumar Singh vs. Jharkhand State Electricity Board through its Chairman,2005 3 JLJR 97].