Jharkhand High Court
Baidyanath Jha And Anr vs Dept Of Art Culture Sports on 12 September, 2017
Author: S.N. Pathak
Bench: S. N. Pathak
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 3765 of 2017
1. Baidyanath Jha, S/o Premkant Jha
2. Radhey Shyam Jha, S/o Late Gopalji Jha ... Petitioners
Versus
1. The State of Jharkhand
2. Principal Secretary, Arts, Culture, Sports & Youth Welfare Department, Govt.
of Jharkhand, Dhurwa, Ranchi
3. Director/Secretary, Arts, Culture, Sports & Youth Welfare Department, Govt.
of Jharkhand, Dhurwa, Ranchi
4. Joint Director, Office of the Additional Director General (NCC) Bihar &
Jharkhand, Rajendra Path, Patna ... ... ..... Respondents
------
CORAM: HON'BLE MR. JUSTICE DR. S. N. PATHAK
-----
For Petitioner : Mr. Arbind Kumar, Advocate
For Respondents : Mr. Rajiv Anand, GA-IV
------
08/ 12.09.2017The petitioner has approached this Court for quashing the order dated 27.06.2017 (Annexure-2) issued by the respondent No. 3, whereby and whereunder, the petitioners has been transferred.
Factual Matrix:-
The petitioners were appointed as Lascar on temporary basis.
Thereafter, the services of the petitioners were confirmed vide order dated 13.07.2000 passed by the Dy. Director General of NCC Directorate, Bihar and presently, they are working as Upper Division Clerk at 37, Jharkhand Battalion, Jamshedpur. Surprisingly, they have been transferred to other district vide office order dated 27.06.2017, issued by the Join Director (state) for the Additional Director General, NCC, Bihar & Jharkhand, Patna. It is the case of the petitioner that the Director, NCC, Directorate, Bihar & Jharkhand, Patna vide its letter dated 20.05.2016 has requested to the Principal Secretary, Department of Tourism, Arts, Cultural, Sports & Youth Welfare,Govt. Of Jharkhand for grant of financial and administrative power, so that financial and administrative decision can be taken by the NCC, Directorate, Bihar & Jharkhand, Patna for the year 2016-17. Pursuant to which only financial power was delegated to the NCC Group Headquarters, Ranchi.
Without exhausting the administrative remedies, the petitioners have straightway approached this Court, and have challenged the order dated 27.06.2017 and prayed for quashing of the order of transfer as it is without jurisdiction.
Learned counsel for the petitioner strenuously urges that transfer order is without jurisdiction. The petitioners were appointed by the State Government and as such the NCC, Directorate of Patna has no jurisdiction to issue the order of transfer as they are working in the State of Jharkhand. Learned counsel for the petitioner further submits that it is only State Government, which is empowered to issue the order of transfer and as such the order of transfer may be quashed. It is also submitted that in case of punishment and other disciplinary proceeding, the same were issued by the State of Jharkhand and as such there is no occasion to interfere and to issue transfer order by the NCC, Directorate, Patna.
Per contra counter-affidavit has been filed by the respondents. Mr. D.K. Dubey, assisted by Ms. Ruchi Rampuria, learned counsels appearing on behalf of the respondents vehemently opposes the contentions advanced by the learned counsel for the petitioners and submits that order of transfer was issued as back as on 27.06.2017 and no stay order has been passed by this Hon'ble Court, but the petitioners have not joined the transferred post, rather, they are waiting for the order of this Hon'ble Court. It was expected that they should have joined the transferred post as no stay order was granted rather an order of Status quo was granted. Learned counsel further argues that already a decision has been taken and the action of NCC, Directorate, Patna has been approved by the State Government and as such it cannot be said that the order of transfer is without jurisdiction. Even, if the appointment was made by the State Government, the appointment letter is issued by the NCC, Directorate, Patna which shows that NCC is empowered to take decision in the matter of employees working under NCC, Directorate and it is done only on the instant of the State Government, not of the NCC Directorate.
Be that as it may, having gone through the rival submissions of the parties, this Court is of the considered view that no interference is required in the order of transfer. No order of stay was granted by this Court, rather it was only Status Quo. Whenever a transfer order is issued, it is the duty of the employee to comply the order of transfer and it is always open to the State to take disciplinary action against the employees, who have not complied the order merely on the ground of jurisdiction. It is evident that the Directorate of NCC takes decision on the direction of the concerned state Government and as such the submissions of the learned counsel for the petitioner is not tenable in the eyes of law. The transfer order cannot be passed at the instance of the employees but the same is passed as per administrative exigencies..
As a cumulative effect of the aforesaid rules, guidelines and observations, I find no merit in the instant case. Resultantly, this writ petition merits dismissal , at the same time, the petitioners are directed to join the transferred post within a period of ten days from the date of receipt of a copy of this order.
(Dr. S.N. Pathak, J.) punit/