GOVERDHAN RAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this writ petition the petitioner has prayed for quashing the notification No. 486 dated 24.2.2009, contained in Annexure -10 to this writ petition, which was issued along with other notification, whereby services of the petitioner have been returned to the parent Department i.e. Road Construction Department.

(2.) THE grievance of the petitioner is that the impugned order has been passed on the basis of the complaint made by some Congress leader and at the instance of the Deputy Commissioner, Bokaro on the basis of some allegation against him and as such the transfer order is malicious and by way of punishment.

(3.) MR . A.K. Sahani, learned Counsel appearing on behalf of the petitioner submitted that though apparently the order appears to be inocuous and plain order of returning the services of the petitioner to the parent department, the same is penal in nature as the same has been passed on the basis of the allegation made against the petitioner by the Deputy Commissioner as well as the leader of the Block Congress Committee, Bermo without informing the said allegation and giving him any opportunity of defending or filing representation.