JAI GOPAL RAI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the parties. In this writ petition the petitioner has challenged the order of his transfer from the post of Charge Office, Settlement Office Hazaribagh to the post of Deputy Secretary, Energy Department, Ranchi on the ground of mala fide. It was specifically alleged that the transfer order was issued on the recommendation of Shri Madhu Singh, Minister, Revenue and Land Reforms, Jharkhand. This Court on 10.7.2003 passed the following order : "According to petitioner he is to superannuate from service within one year i.e. on 31st January, 2004. He has also alleged the order of transfer punitive referring to the letter of the Minister dated 10th April, 2003 (Annexure -8). From the aforesaid letter dated 10th April, 2003 it appears that there are certain allegation levelled against the petitioner in respect to which the Chief Minister has ordered to hold enquiry and to take further action. The Counsel for the State is allowed four weeks ' time to obtain instructions and file counter -affidavit. Place the case "For Admission" on 23rd August, 2003 within ten cases. "Until further order the operation of notification No. 2313 dated 28th April, 2003 and Notification No. 3501 dated 25th June, 2003 shall remain stayed. However, it will be open to the State Govt. to take disciplinary action against the petitioner, if they so choose, for the allegation mentioned in the letter of the Minister dated 10th April, 2003."

(2.) IN the writ petition the petitioner has annexed a copy of the recommendation sent by the Minister to the Hon ble Chief Minister as Annexure -8 to the writ petition. In the said letter the Minister recommended his transfer on the ground of some complaints made by some persons. In the said letter the Chief Minister issued an order for transfer of the petitioner and for enquiry in respect of the allegation. A counter -affidavit has been filed by the respondent -State. It is stated that the transfer of the petitioner is not merely on allegation but on administrative ground also. From the reply to the counter -affidavit the petitioner has annexed another letter dated 11.9.2003 issued by the said Minister to the Hon ble Chief Minister recommending to cancel the transfer order on the ground that the persons who made allegation have submitted an affidavit saying that they have no complaints against the petitioner. The letter of recommendation and the subsequent letter for cancellation of transfer itself shows how the Govt. is moving in the matter of transferring the employees from one place to another place.