ANAND KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) The writ petition of the Petitioner being W.P.(S) No. 125 of 2011 was dismissed vide order dated 04.05.2011 wherein the writ Petitioner challenged his transfer order on the ground that Petitioner was transferred four times within five years and the Petitioner had apprehension that at the transferred place he will not get the salary, as unit is closed.

(3.) The learned Single Judge relied upon the counter affidavit refuting the said two grounds and dismissed the writ petition of the Petitioner. The Petitioner has preferred L.P.A. challenging the said order dated 04.05.2011 and before this Bench on 12.09.2011 again he submitted that Petitioner has been transferred vide order dated 25.12.2010 to the place Kharsawan in Saraikella district in the office of World Food Organization and there is no such office as that scheme itself has been closed. The Appellant was made aware about the consequence of making false statement and then notice was given to the State who has filed counter affidavit. In the counter affidavit State has again reiterated that the said programme is being run and in view of the change in circumstances, MNREGA scheme is implemented. It is also submitted that the Petitioner did not join at the transferred place which was duly reported by the office of the transferred place of the Petitioner. The Respondent State also has submitted that Petitioner's not joining the duties was first informed vide letter No. 102 dated 28th February, 2011 addressed to AP CCF, W.F.P., Ranchi and then again D.F.O., W.F.P., Chanbasa reported to Government vide office letter No. 252 dated 19th July, 2011 and office letter No. 318 dated 20th August, 2011 that Appellant has not joined in the post of Range Forest Officer, W.F.P., Kharsawan nor he has taken charge of the said post till date. It is stated that said Range is situated in Saraikella-Kharwawan district and the Range is under W.F.P. Division, Chaibasa which has been duly given extension by Government till 31st March, 2012 vide Government letter No. 24 dated 30th July, 2011. Because of non-joining of the duties by the Petitioner, vide office letter No. 1159 dated 23rd March, 2011 Sri S.P. Khess has been given dual charge which includes the charge of the post for which Petitioner was transferred and Sri Khess is continuing to hold the charge of the post. The World Food Programme Range in question is doing the work of MNREGA from the funds made available by the Deputy Commissioner, Seraikella-Kharsawan and thereafter, names of two forest guards have been given who are doing the work of plantation on the road side and their salaries have been paid from non-plan head, in support of which documentary evidence has been placed. Even documentary evidence has been placed on record to show that the office is running in rented premises for which rent is being paid.