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| HC stays transfer order of chemical analyst | | | Early Times Report
Jammu, Nov 05: While staying the transfer order of chemical analyst of PHE Department, Justice Virender Singh of J&K High Court Jammu Wing today issued notice to state of Jammu and Kashmir through Chief Secretary, Principal Secretary PHE, Chief Engineer PHE Jammu and Executive Engineer City Division No 1 returnable within four weeks. Till further order the operation of the impugned order of October 7, 2009 qua to the petitioner shall remain stayed subject to objections from the other side, the Court ordered.
The petitioner Tejinder Singh Chemical Analyst in PHE City Div I challenged his transfer order to Udhampur on various grounds.
After hearing Advocate DS Chouhan appearing for the petitioner, Justice Singh observed that no doubt the transfer is exigency of service and normally any order in this regard should not be interfered with, but once the order of an official is passed in flagrant violation of the existing rules, the powers used by the concerned authority in this regard can always become the subject matter of judicial review of this Court. The present case is of that type and therefore it calls for indulgence of this Court. Upon this Court issued notice to State of J&K through Chief Secretary, Principal Secretary PHE, Chief Engineer PHE Jammu and Executive Engineer PHE City Division No 1 Jammu returnable within four weeks. Till further order, operation of the impugned order dated October 7, 2009 qua to the petitioner only shall remain stayed. This order is however subject to objections from the other side. JNF
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