Jammu & Kashmir High Court
Mohd. Ahsan Zargar vs Union Territory Of J&K And Others on 10 February, 2020
Author: Rajesh Bindal
Bench: Rajesh Bindal
Sr. No. 19
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
WP (C) No. 402/2020 (O & M)
Mohd. Ahsan Zargar ...Petitioner(s)
Through:- Mr. B. S. Salathia, Sr. Advocate with
Mr. Pulkit Churungoo, Advocate
v/s
Union Territory of J&K and others ... Respondent(s)
Through:-
Coram: HON'BLE MR. JUSTICE RAJESH BINDAL, JUDGE
ORDER
1. The petitioner has filed the present writ petition impugning the order dated 05.02.2020 vide which he has been transferred from Municipal Committee, Banihal to Municipal Committee, Bhaderwah.
2. Learned counsel for the petitioner submitted that the petitioner was posted at Banihal in October, 2019 merely three months thereafter, he has been transferred to Bhaderwah. He further submitted that the petitioner is to retire in about two years' time. The order passed is malifide as charge of the post from which the petitioner is transferred has been given to the Executive Officer. That means the post is still lying vacant and the transfer has been made only to disturb the petitioner.
3. After hearing the learned counsel for the petitioner, I do not find any reason to interfere in the present petition.
4. It cannot be disputed that transfer is an incidence of service. It is for the competent authority to decide as to how and at which place an 2 WP (C) No. 402/2020 employee has to be posted. Though there are policies framed for guiding in transfer matters, however, those also have been held to be not justiciable. It is only in rare cases that the Courts interfere.
5. Vide order dated 30.10.2019, the petitioner, who is a Sanitary Inspector, I/C was transferred to Municipal Committee, Banihal to look after the routine work of Executive Officer, Municipal Committee, Banihal till the suitable arrangement was made by the competent authority. It was after relieving the Executive Officer, Municipal Committee, Bhaderwah of additional charge of Municipal Committee, Banihal. That means, substantively the petitioner was not transferred, it was merely a stop gap arrangement. In fact, the designation of the petitioner is a Santitary Inspector.
6. Vide impugned order, the petitioner has been transfer from Banihal to Bhaderwah. It is for the authorities to see as to whether charge of any higher post is to be given to an employee or not. As substantively, even the impugned order suggests that the petitioner was In-charge Assistant Sanitary Officer. The petitioner had, in fact, been transferred back to his place of posting from where he was temporarily shifted to Bahihal from Bhaderwah.
7. As far as the argument that the petitioner is to retire in two years is concerned, that is too longer period to his retirement. Hence, cannot be a ground to set aside the order of his posting at the same place where the petitioner was substantively posted and had only been sent to Banihal to look after the work of Executive Officer, Municipal Committee there, as a stop gap arrangement.
3 WP (C) No. 402/2020
8. As far as malafides are concerned, it is easy to allege and difficult to prove. There is no material produced or referred to by the petitioner showing as to how the impugned order of simpliciter transfer can be said to be malafide, once the order vide which the petitioner was transferred to Banihal from Bhaderwah itself was temporary in nature.
9. For the reasons stated above, I do not find any merit in the present petition and the same is, accordingly, dismissed.
(RAJESH BINDAL) JUDGE Jammu 10.02.2020 Paramjeet Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No PARAMJEET SINGH 2020.02.12 18:07 I attest to the accuracy and integrity of this document