LAWS(JHAR)-2003-9-95

NATH PAL Vs. STATE OF JHARKHAND

Decided On September 16, 2003
Shree Nath Pal Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) PETITIONER has challenged the Notification No. 6447 dated 11.8.2003 whereby the earlier departmental Notification No. 4540 dated 26.6.2003 in relation to the transfer of the petitioner has been stayed. The said notification has been challenged as being illegal, arbitrary, capricious, malafide and on extraneous consideration.

(2.) PETITIONER was posted as Executive Engineer. Rural Engineering Organization, Ranchi. By Notification dated 26.6.2003 petitioner was transferred and posted as Executive Engineer, N.R.E. P. Hazaribaghin place of respondent No. 7, Samendra Kishore Srivastava who was transferred by the said notification from N.R.E.P. Hazaribagh to the post of Technical Advisor to the Superintending Engineer, Dumka.

(3.) THE respondent State has filed a very perfunctory counter affidavit stating that petitioner did not inform the department regarding his joining on 7.7.2003 and even if he gave his joining without being relieved from his previous post. It is stated that against the order of transfer the Deputy Commissioner, Hazaribagh has not relieved respondent No. 7 from the vacant post of Executive Engineer, N.R.E.P. and as such post was not lying vacant.