SUDHIR KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) CHALLENGE in this writ application is to the order dated 28.02.2008 vide Memo No. 54/V, Mohanpur issued from the office of the Commissioner, Santhal Pargana, Dumka whereby the petitioner has been transferred from Mohanpur Child Development Project Office, District -Deoghar to the Child Development Project Office, Jama, District - Dumka.

(2.) THE petitioner was appointed as Driver in the Department of Social Welfare, Deoghar. Thereafter by the order of the Director, Social Welfare Department dated 22.02.2006 he was transferred from the office of the Child Development Project Officer, Mohanpur, District Deoghar to Child Development Project Office, Berhat where he joined on 28.02.2006. Again by the order of the Commissioner, Santhal Pargana, Dumka he was transferred from Berhat to the Office of the Child Development Project Officer, Paljori on 04.12.2006 where he joined on 06.12.2006. By a further order of his transfer passed by the Commissioner, Santhal Pargana, Dumka dated 27.04.2007 he was transferred from Paljori to the office of Child Development Project Officer, Taljhari in the district of Deoghar in a purported vacant post. In compliance with the order, the petitioner joined his post in the office of Child Development Project Officer, Taljhari on 13.05.2007. However, in spite of submitting his joining letter on 13.05.2007, the Child Development Project Officer sent his services back to the office of Commissioner, Santhal Pargana, Dumka and consequently he joined the office of the Commissioner, Santhal Pargana, Dumka on 14.05.2007.

(3.) FROM the counter affidavit of the respondents the facts which emerge are that admittedly the petitioner was transferred from one place to another within short intervals. However, the circumstances under which these transfer orders were passed, have also been explained. One of the circumstance being the alleged complaint received from the female employees against the petitioner and the other being that the sanctioned post to which the petitioner was transferred, was not vacant and available for the petitioners posting. It has also been stated that under such compulsive circumstances the orders of the petitioners transfer though frequently made, had to be taken on administrative exigencies.