VISHWA MOHAN SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) WE have heard counsel for the parties and also gone through the order of the learned single Judge. The learned single Judge took pain to go through the records and also came to the conclusion that this Court was not happy with the manner in which the file relating to transfer and posting moved before the authorities. It is also observed that the respondents have produced the flies and the members of the Establishment Committee also explained the manner in which transfer orders were passed. But no specific noting was given in the main file relating to transfer of the petitioner -appellant. However, in view of the fact that neither any reason has been given in the order of transfer of the petitioner -appellant nor any proper reason has been given in the counter -affidavit, this Court, prima facie, found the order of transfer was not valid. So by virtue of an interim order dated 10.10.2006 this Court directed the petitioner -appellant to continue in the same position in Nimdih. Though it is now submitted by the counsel for the respondents that there was some complaints against some officers there is no material with reference to the allegation made against the petitioner -appellant. Of course it is true if that there was some allegation against the petitioner -appellant and it was not a routine transfer and the Government has got power to transfer a person but this is a case where the petitioner -appellant was earlier transferred from Jamshedpur to Nimdih and ultimately he was not allowed to join immediately. However, he joined in the month of October, 2004. But within eight months by order dated 28.6.2005 the petitioner -appellant has been transferred from Nimdih to Gumla.

(2.) ADMITTEDLY , no specific reason has been given in the order of transfer. As indicated above, it is not a routine transfer nor the transfer has been effected by a valid reason. Therefore, we feel that the order of transfer is liable to be set aside. The petitioner -appellant is entitled to continue in the same position/place in Nimdih. It is open to the department to transfer the petitioner -appellant when the occasion of routine transfer arises, as prescribed by the rules. With this observation the appeal is disposed of.