news details |
|
|
| HC stays pre-mature transfer of AEE | | | Et Report
Jammu, Sept 16 : Justice AM Magrey of J&K High Court Jammu Wing today stayed the pre-mature transfer of Surinder Kumar Gupta Incharge AEE R&B Sub Division Kathua and directed Secretary PWD (R&B) that he explain on affidavit as to what are the compelling circumstances which form base for posting of Subash Chander from Sub-Division, PDC to Sub-Division, R&B Department Kathua only after three months.
Secretary shall also explain on affidavit as to where the Subash Chander has remained from the date of his promotion/ transfer to PDC on June 13, 2013 till date.
According to the petition In terms of Government order No. 523-PW (R&B) of 2012 dated 10.12.2012, petitioner has been transferred as Incharge Assistant Executive Engineers of R&B, S/D-II Kathua.
The petitioner continues as such and in the meanwhile he stands transferred in terms of Government Order No. 319-PW (R&B) of 2013 dated September 13, 2013 from R&B S/D Kathua to PDC against an available vacancy and in his place Subash Chander has been posted. Sr. Adv Sunil Sethi assisted by Adv Veenu Gupta appearing for the petitioner submits that the order of transfer impugned in the petition has been passed on extraneous consideration which can be gathered from the earlier order passed by the Government in respect of private respondent in terms of order No. 197-PW(R&B) of 2013 dated 13.06.2013 whereunder subash Chander has been transferred to PDC against the available vacancy. counsel further submits that the transfer and posting of Assistant Executive Engineers, R&B Department including respondent no. 4has been made in terms of Government order no. 197-PW(R&B) dated 13.06.2013 and only after a period of three months, the Government has issued another transfer order using words "in the interest of administration" and dislodged the petitioner.
Prima facie, it appears that respondent no.1 has ignored the policy of the government notified in terms of Government order No. 861-GAD of 2010 dated 08.07.2010 which is based on Cabinet decision 156/12/2010 dated 27.07.2 010 . As per the Policy of the Government regulating the policy of transfer and posting of government employee, it is provided that government should abide by policy of transfer and shall allow the employees to complete minimum period of two years. It is submitted that respondents have violated the policy in the present case without any just and reasonable cause.
Justice AM Magrey after hearing Sr. Adv Sunil Sethi with Adv Veenu Gupta issued notice returnable within four weeks and Meanwhile, subject to objections from other side and till next date of hearing before the Bench, the order impugned qua the petitioner shall stay and the petitioner shall continue as Incharge AEE, R&B, Sub-Division, Kathua and also Secretary PWD (R&B) that he explain on affidavit as to what are the compelling circumstances which form base for posting of Subash Chander from Sub-Division, PDC to Sub-Division, R&B Department Kathua only after three months. Secretary shall also explain on affidavit as to where the Subash Chander has remained from the date of his promotion/ transfer to PDC on June 13, 2013 till date. (JNF) |
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
