NIRANJAN JHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application has been preferred by the petitioner challenging the Notification, contained in Memo No. 3600, dated 11th July, 2005, issued by the respondent -State through its Panchayat Raj and N.R.E.P. Department, Govt. of Jharkhand, Ranchi. By the said order, the respondents, giving reference to Notification No. 4898, dated 11th December, 2004 and Letter No. 1028, dated 1st April, 2005, asked the petitioner to join the Headquarter and one Sri Braj Mohan Kumar, Executive Engineer, Rural Development (Special Division), Ranchi has been asked to hold additional charge of the post of Executive Engineer, Rural Development (Special Division), Simdega, which the petitioner was holding earlier.

(2.) WHILE the petitioner has challenged the impugned relieving order dated 11th July, 2005 as illegal, has also alleged mala fide against the Minister -in -charge, Rural Development and Transport Department, Govt. of Jharkhand, Ranchi, who has been impleaded as 5th respondent to the present writ petition. It is submitted that at the instance of the said Minister, the petitioner has been asked to join the Headquarter, though vide Notifications, issued from time to time, he was allowed to function as Executive Engineer (current charge).

(3.) IT appears that the petitioner challenged the said Notification No. 4898, dated 11th December, 2004 by which he was reverted back to his substantive post of Assistant Engineer by filling a writ petition bearing WP (S) No. 6655 of 2004. Initially, an interim order of status quo was passed but later on, by order dated 23rd March, 2005, this Court refused to interfere with the Notification dated 11th December, 2004 and the said writ petition was dismissed along with other two analogous writ petitions. However, by order dated 23rd March, 2005 it was observed that the said order of dismissal will not stand in the way of the petitioners of consideration of their cases for regular promotion to the higher post of Executive Engineer.