MAHESH PRASAD LUNKESH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Counsel appearing for the petitioner is challenging the order, dated 26th December. 2011 (Annexure 10 to the memo of the petition), vide which the petitioner had been repatriated from his department of deputation, i.e. Rural Works Department to the Road Construction Department, Govt. of Jharkhand, i.e. the parent department. Counsel for the petitioner submitted that the petitioner was on deputation in the Rural Works Department of Jharkhand, parent department of which is Road Construction Department and as the petitioner had made complaint against one Contractor alleging corruption as also against an Executive Engineer, this order, dated 26th December, 2012, was passed with a malafide intention. Moreover, the petitioner was placed on deputation vide order, dated 28th February, 2009 (Annexure 1 to the memo of the petition) and the order of repatriation was passed in the month of December, 2011, i.e. after only three years while as per stipulation of a general Circular, dated 31st January, 2011 (Annexure 2 to the memo of the petitioner) issued by the Road Construction Department regarding deputation, the petitioner should have been allowed to continue in the department of deputation for six years. It is, therefore, prayed that the order, dated 26th December, 2011 may be quashed and set aside.

(2.) Having heard counsel for both sides and looking to the facts and circumstances of the case, I see no ground to entertain this petition mainly for the following facts and reasons:

(3.) Therefore, in these set of Circumstances, i.e. the impugned order, which is passed regarding as many as approximately two dozen employees; the fact that there is no legally vested right in the petitioner to continue at the department of deputation, since the circular at Annexure 2 is directory and not mandatory in nature as well as the fact that the petitioner has already resumed duty at his parental department as submitted by the counsel for the petitioner, there is no substance in the writ petition. This writ petition is accordingly dismissed.