NAGENDRA KUMAR SINGH @ NAGENDRA PRASAD SINGH Vs. THE STATE OF JHARKHAND THROUGH THE PRINCIPAL SECRETARY AND ORS.

JUDGEMENT

(1.) HEARD counsel for the parties. The petitioner is aggrieved by the office order dated 27th August, 2013 issued under the Signature of the Respondent No. 2 -The Engineer -in -Chief -cum -Additional Commissioner -cum -Special Secretary, Department of Rural Works, Government of Jharkhand, Ranchi and communicated to the petitioner vide Memo No. 2119 dated 27th August, 2013 (Annexure -3), whereby he has been transferred from his present place of posting at Works Section, Jama Works Division, Dumka and posted in the office of the Deputy Commissioner, Deoghar. By the same notification, the private respondent (Respondent No. 4) has been posted in his place.

(2.) ACCORDING to the petitioner, by the last notification contained in office order No. 120 dated 26th December, 2011, he was transferred from Ramgarh to Works Section under Works Division, Dumka where he joined in the month of January 2013. However, he has been taken aback because of his sudden transfer. According to the petitioner, transfer has been made without the matter being placed before the Establishment Committee and beyond the normal period in which such transfers are undertaken, as per the Circular dated 25th October, 1980 (Annexure -4) i.e. in the month of May -June or November -December of each year. The petitioner submits that he has been transferred within one and half year and no reasons of administrative exigency has either been shown. It is further submitted that the petitioner was transferred on 3rd June 2013 which was however stayed by another office order dated 18th June, 2013 till 30th November, 2013. Therefore, the writ petition which had been preferred by him earlier being WPS No. 3434/13 was subsequently withdrawn.

(3.) THE petitioner seriously contested the aforesaid statement. I.A. No. 7302/2013 was also filed for initiating proceeding for making false statements against such deponent.