news details |
|
|
| ZEO transferred three times in a month | | HC directs state to issue fresh transfer order of petitioner, private respondents | | Early Times Report
Jammu, Apr 06- While deciding a writ petition filed by ZEO challenging his transfer order third in a month, Justice Nirmal Singh of J&K High Court Jammu Wing today directed the respondent authority that they shall pass a fresh order of transfer of the petitioner Upinder Razdan and respondent No 2 Romesh Chander suitably adjusting them at the places keeping in view of the interest of administration.
While disposing off the petition, Justice Nirmal Singh, after hearing Deputy Advocate General Neeru Goswami for the Education Department, Advocate SK Shukla for the petitioner and Advocate DS Chouhan for respondent No 2, observed that transfer is an exigency of service and no employee has a vested right to remain posted at a particular place of posting. No doubt, it is for the authorities concerned to see as to whether an employee is to be posted and what work is to be allotted to him, but at the same time, it is equally important that the action of the authorities concerned in transferring an employee should not be actuated by malafide. In the present case the petitioner has alleged that Romesh Chander respondent was transferred to Hiranagar zone but has not joined there and it is only to adjust him at the Bhalwal Zone where he remained posted earlier also, that the petitioner has been transferred from Bhalwal and directed the authority that while issuing fresh order of transfers of petitioner and respondent Romesh Kumar, the authority shall see to it that none of them is posted at a place where they had already remained posted for a fixed tenure. Till the fresh order is passed, the order impugned qua, the petitioner shall remain in abeyance.
This significant judgment was passed in a petition filed by the petitioner seeking quashment of his transfer order dated February 20, 2009 where under on promotion he was transferred and posted as Incharge ZEO Akhnoor against the available vacancy, the authority issued another order on January 21, 2009 whereby the petitioner was transferred to Bhalwal Zone as Incharge ZEO. It was stated that this transfer of petitioner was affected just to adjust one Gurdev Singh who was transferred and posted as Incharge ZEO Khari. It was further submitted that on February 20, 2009 the order has been passed after one month of the earlier order of transfer, the petitioner has again been shifted to Bhalwal Zone to Hira Nagar Zone. It is stated that the respondent authority now want to adjust one Romesh Chander respondent No 2 at Bhalwal Zone. It is further stated that Romesh Chander earlier also had remained at Bhalwal zone for about three years and has again managed his transfer to the said zone. Counsel for the petitioner Advocate SK Shukla submitted that the order impugned cannot be said to have been passed in the interest of administration. JNF
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
