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| Frequent transfers of AEE: HC asks CS to look into matter | | | Early Times Report
Jammu, Jan 18: In a petition challenging the three times transfer of petitioner in just three months, Vacation Judge of J&K High Court Jammu Wing Justice Hasnain Massodi asked the Chief Secretary (CS) to look into the matter and find out the reasons and take necessary remedial measures within two weeks from the date copy of the order is served on the respondents.
Justice Hasnain Massodi after hearing Adv M R Qureshi assisted by Adv ZA Mughal appearing for the petitioner observed that True, that transfer is an incidence of service, yet power to effect transfer is not to be exercised in an arbitrary and whimsical manner, after brief intervals uprooting the Government employee and his family and adversely effecting the day to day Government business. In the present case, the petitioner has been made to shuttle between PHE Sub Division, Surankote and Mendhar three times in a row within three months.
The successive orders made, do not spell out the reasons that prompted the authority to frequently shift the petitioner to be replaced by the same officer. "Though the transfer policy of 2010 does not create any enforceable right in favour of Government employee, still having due regard is to be given to the policy whenever transfers of government servants are proposed. One of the guidelines set out in the policy is two years' minimum tenure in a particular place of posting, court said.
Court further asked Chief Secretary, who heads the Administration, accordingly to look into the matter, find out the reasons that persuaded the officers subordinate to him to orders in brief intervals and take necessary remedial measures within two weeks from the date copy of the order is served on the respondents. Till then the impugned order shall not be acted upon.
Pertinent to mention petition the petitioner challenging the transfer orders dated September 16, 2011 whereby petitioner has been transferred from Incharge Assistant Executive Engineers (Civil) PHE Sub Division, Surankote to Incharge Assistant Executive Engineer, Sub Division, Mendhar. Order dated December 27, 2011 whereby the petitioner has been transferred from Incharge Assistant Executive Engineers (Civil) Sub Division Mendhar to PHE Sub Division Mendhar and on January 5, 2012 the petitioner has been again transferred from Incharge Assistant Executive Engineers PHE Mendhar to Incharge Assistant Executive Engineer, Sub Division, Mendhar. --JNF |
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