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| No employee has right to remain | | | EARLY TIMES REPORT
JAMMU, Apr 13: In a landmark judgment, Justice Imtiyaz Hussain of J&K High Court today said that no employee has right to remain on the post of his choice indefinitely.
In a case of transfer of Commandant CRPF (SSP) from Jammu to Orissa, observed that transfer is exigency of service. It is for the employer to see whether services of employees are required.
This observation was made in the petition filed by Joginder Singh presently Commandant 72 Bn CRPF Channi Himmat Jammu who transferred to 127 Bn Orissa challenged the transfer on various ground including serious allegation leveled against IG CRPF.
Assistant Solicitor General of India KK Pangotra has filed the objection on behalf of the respondents and Court also gone through the pleas raised and submissions made, Court do not find any malafide intention while issuing the transfer order.
The order of transfer has been passed by Director General of Central Reserve Police Force and Court after going through the petition find allegation of malafide has been made against Inspector General CRPF. It was submitted by the counsel for the petitioner that the order of transfer has been passed on dictates of IG CRPF, the petitioner has not cordial relation with the said IG as he has pointed out certain irregularities and illegalities while making recruitment of Trade Man by the said IG. No malafide is alleged against DG CRPF, so no force in the plea.
Justice Hakim Imtiyaz Hussain further observed that the Court do not find that transfer is premature, also do not find any violation of transfer policy. The transfer made vide impugned order; transfer order has already been given effect to. This is admitted by the petition in his petition.
The petitioner stated that he has not so far handed over the complete charge of post and respondents are not providing sufficient joining time to the petitioner in this pretext that the petitioner has not handed over charge of office, he cannot be permitted to continue on the post particularly when he stands relieved from the post and transfer order in the present petition stands executed.
On this ASGI KK Pangotra appearing for the respondents stated at the Bar that joining time as admissible under rules will be provided to the petitioner to enable him to join the new place of posting. In these circumstances, Court does not find any merit in the petition and the same is dismissed.
—(JNF
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