KAMLESHWAR PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the Parties.

(2.) IN this writ application, the petitioner (Kamleshwar Prasad) has made a prayer infer alia that he Should be allowed to join on the post of circle officer. Ratu Anchal pursuant to Government Notification dated 31.12.2001 as contained at Annexure 1 and that the Respondent No. 3 should be directed to handover charge/of the post of circle officer. Ratu Anchal to the petitioner. He has also made a prayer for a direction that he should be allowed to draw salary from the date of his joining w.e.f. January. 2002.

(3.) BY Notification dated 31.12 -2001, the petitioner was transferred from Hazaribagh and was posted as Circle Officer at Ratu in the district of Ranchi while the Respondent No. 3, Birendra Kumar Singh was transferred from the post of Circle Officer, Ratu in the district of Ranchi and was transferred and posted as Circle Officer, Ormanjhi. The petitioner has stated that in compliance of aforementioned notification dated 31.12.2001, he submitted his joining before the Respondent No. 2 (Deputy Commissioner, Ranchi) which was accepted w.e.f. 4.1.2002. Thereafter, the petitioner requested the Respondent No. 3 to handover charge to him but the said Respondent No. 3 refused to do so and did not allow the petitioner to assume charge. Thereafter the petitioner made an application on 15.1.2002 to the Respondent No. 2 for an order that he should be allowed to take over charge from the Respondent No. 3. Subsequently, by an order dated 31.1.2002 as contained at Annexure -3, the Respondent No. 2 ordered the Respondent No. 3 to hand over charge to the petitioner and proceed to join his transferred place. According to the petitioner, inspite of such specific order having been passed by the Deputy Commissioner, the Respondent No. 3 did not hand over charge to the petitioner. Subsequently, the petitioner filed an application on 8.2.2002 before the Respondent No. 2 requesting that he should be allowed to resume charge on the post of Circle Officer, Ratu. The grievance of the petitioner is that the Respondent No. 3 did not hand over charge nor has the Respondent No. 2 taken any action against the Respondent No. 3 and. therefore, the petitioner has been put in a very difficult situation i.e.. neither being allowed to function as an Assistant Settlement Officer. Hazaribagh nor as Circle Officer, Ratu in the district of Ranchi.