RAM SAJJAN SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) An order as contained in memo no. 1200 dated 7.9.2011 by which Deputy Commissioner Khunti repatriated the petitioner, an Account Officer deputed at District Rural Development Agency (DRDA), Khunti to his parent department, Rural Development Department, Government of Jharkhand is under challenge.

(2.) Mr. R.S. Majumdar, learned Senior counsel appearing for the petitioner submitted that the order of transfer/repatriation of the two counts. One being lack of authority on the part of the Deputy Commissioner to pass an order of transfer/repatriation of the persons deputed in District Rural Development Agency.

(3.) In this regard it was stated that Ministry of Rural Development, Government of India has issued guideline on District Rural Development Department administration which has been adopted by the State of Jharkhand. By referring to clause 5.2 of the said guideline, it was submitted that the Chairman of the Zila Parishad shall be the Chairman of the Governing Body of the District Rural Development Agency. Further, the executive and financial function is to be discharged by the CEO; Zila Parishad/District Collector who shall be designated as the Chief Executive Officer or the Executive Director and it is the Deputy Development Commissioner who has been designated as CEO of Zila Parishad, Khunti which would be evident from Annexure 10 and under this situation, Deputy Commissioner, Khunti has no authority to pass the impugned order. Second ground on which the Impugned order is being assailed is that the order of transfer/repatriation has been effected on putting certain allegations which are punitive in nature and as such the order of transfer is quite bad in view of the decision rendered in a case of Somesh Tiwari vs. Union of India and Others, 2009 2 SCC 592 holding therein that order of transfer passed in lieu of punishment being wholly illegal is liable to be set aside.