BRAJ KISHORE SINGH Vs. STATE OF JHARKHAND THROUGH THE SECRETARY-CUM-COMMISSIONER, ROAD CONSTRUCTION DEPARTMENT

JUDGEMENT

(1.) THE present appeal has been directed against the judgment dated 24.12.2004 passed by the learned Single Judge in W.P.(s) No. 4730 of 2004 whereby and whereunder the writ petition of the appellant was dismissed and the transfer order impugned of the appellant was held as good.

(2.) THE appellant had preferred the writ petition before the learned Single Judge for quashing the office order vide memo No. 918 dated 3.8.2004 issued by the Respondent -Executive Engineer, whereby the appellant was ordered to be relieved from the post of Accounts Clerk, Road Division, Jamshedpur and was directed to join at newly established road circle, Daltonganj. The said transfer was made pursuant to the direction vide office order No. 33 dated 23.6.2004 issued by the Respondent -Chief Engineer on the vacant post of the Accounts Clerk in road circle at Daltonganj. It is evident that the Respondent -Under Secretary, vide his letter No. 1998 dated 18.6.2004 had directed the Respondent -Chief Engineer to transfer the appellant from his present place of posting in view of the letter dated 12.6.2004 issued by the Respondent No. 7, Pradeep Kumar Balmuchu, M.L.A (Annexure -3).

(3.) THE learned Counsel for the appellant submitted that the said authorities should not have been allowed to take such decision for transfer by single isolated order on the instance of the political person i.e. respondent No. 7 and not for any other reason much less any administrative exigency. The order was against extraneous consideration with the intention to remove the appellant from Jamshedpur enabling the respondent No. 6 to take as Divisional Cashier, who is the brother -in -law of the respondent No. 7, an M.LA