LAWS(JHAR)-2013-10-34

SHANKAR PRASAD SINGH Vs. STATE OF JHARKHAND

Decided On October 25, 2013
SHANKAR PRASAD SINGH Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties. The grievance of the petitioner is that by notification contained in Memo No. 3876 dated 7th May, 2013 (Annexure-5) to the writ application, he has been transferred from his present place of posting as Circle Officer, Mahagama, Godda to the post of Executive Magistrate, East Singhbhum, Jamshedpur. The petitioner admittedly is an officer of Jharkhand Administrative Services. The services of the petitioner were handed over to the Land Reforms & Revenue Department by notification contained in Memo No. 7932 dated 28th December, 2010 (Annexure-1) to the writ application wherein his name figures at serial No. 53. Thereafter the Land Reforms & Revenue Department posted him as Circle Officer, Pathargama, District Godda vide Notification No. 1566 contained in Memo No. 1570 dated 18th May, 2012 (Annexure-2). The petitioner submitted his joining on the post of Circle Officer, Pathargama, Godda on 19th May, 2012.

(2.) It is the case of the petitioner that vide impugned notification dated 7th May, 2013 issued by Personnel, Administrative Reforms & Rajbhasa Department, Govt. of Jharkhand, he has been transferred from his present place of posting as Circle Officer, Mahagama, Godda to the post of Executive Magistrate, East Singhbhum, Jamshedpur.

(3.) Learned counsel for the petitioner assails the impugned notification, inter alia, on the grounds that without any order of repatriation of services of the petitioner to the Parent Department, Personnel, Administrative Reforms & Rajbhasa Department, Govt. of Jharkhand has suddenly transferred the petitioner within one year of his posting at Mahagama, which is bad in law and without jurisdiction. It is further submitted that no one else has been posted in his place by the impugned notification. However, by way of an interim arrangement made by Deputy Commissioner, Godda the charge of the post of Circle Officer, Mahagama, Godda was unilaterally handed over to the Block Development Officer, Mahagama, which is arbitrary and in the teeth of Rule 59 of the Jharkhand Service Code. It is contained in Memo No. 433 Godda dated 20th August, 2013 being office order dated 88 of 2013 issued by the Deputy Commissioner, Godda.