Jharkhand High Court
Dilip Kumar Singh vs Rural Works Department on 26 September, 2014
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P. (S) No. 4531 of 2014
Dilip Kumar Singh .....Petitioner.
Versus
The State of Jharkhand & others ........ Respondents.
CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH
For the Petitioner : Mr. Sumeet Gadodia, Adv.
For the Respondents : Ms. Sunita Kumari, J. C. to Sr. S.C.I
4/26.9.2014 Heard learned counsel for the parties.
The petitioner is aggrieved by an office order bearing no. 2813 dated 22nd August, 2014, issued by the EngineerinChiefcumAdditional Commissionercum Special Secretary, Rural Works Department, Ranchi, stating that he has been prematurely transferred within a period of 1 year and 3 months from the earlier date of his transfer without recommendation of the Establishment Committee. He has further challenged the corrigendum bearing no. 2831 dated 25th August, 2014, whereunder the previous order of transfer impugned dated 22nd August, 2014 has been modified and he has been transferred from Notified Works Section, Sarath to Works Division, Deoghar under the office of Deputy Commissioner, Deoghar, stating that the same has again been made without recommendation of the Establishment Committee and in violation of the policy decision of the State Government.
Learned counsel for the petitioner submits that the successive orders of impugned transfer at Annexures: 2 and 3, are not backed by any justification as to why his posting in the first place at Works Section, Sarath, had to be changed within 3 days. It is submitted that the petitioner has been transferred 6 times within a period of 3 years . It is submitted that the documents obtained under RTI during the pendency of the writ petition and brought on record through supplementary affidavit filed on 18th September, 2014 do show that the order dated 22nd August, 2014 was directed to be modified by Hon'ble Minister of the Department. It is submitted that the respondents have however again filed an evasive reply in their counter affidavit so far as the issue relating to the modification in the first order of transfer is concerned. Learned counsel for the petitioner therefore submits that every time the petitioner is being shifted from one place to another and it has resulted in adverse consequences upon him as policy of transfer also does not permit frequent transfer.
Learned counsel for the State has defended the impugned orders. It has been submitted on behalf of the State that the impugned orders of transfer has been made for good governance and for better administration of 2. the department as well as on administrative reason. It has further been stated that the grievance of the petitioner that he has been frequently transferred is also not correct, as he has already stayed more than 2 years in the Deoghar district and presently he has been continuing in the same district. The rough details of his posting from 2011 have been indicated in the chart at paragraph 17, as per which the petitioner has stayed in the district of Deoghar for 2 years 3 months.
Learned counsel for the State has also relied upon the judgments enclosed to the counter affidavit in support of her submission that an employee under the State does not have vested right to remain in once place. That transfer is an incidence of service. Reliance has also been placed upon a judgment passed in W.P.(S) No. 3429 of 2014 dated 21st July, 2014 by this Court, where this Court refused to interfere in the order of transfer, under which the petitioner concerned, a Junior Engineer was shifted from Works Section, Jamshedpur to the office of Deputy Commissioner, Jamshedpur. It is submitted therefore no interference is required in the impugned order of transfer, as there is no illegality or want of jurisdiction. The EngineerinChief has power to transfer an employee of the rank of junior engineer.
I have heard learned counsel for the parties and considered the rival submission. The orders impugned at Annexures: 2 and 3, both have been issued within a period of 3 days in succession. However, perusal of both the orders shows that the petitioner has not been transferred from the district of Deoghar to other district. The petitioner by the first impugned order dated 22nd August, 2014 was shifted from Works Section, Mohanpur under Works Division Deoghar to Works Section, Sarath under the same Works Division. By the modification order impugned dated 25th August, 2014, the services of the petitioner has thereafter been placed under Deputy Commissioner. It therefore appears that the said change is not in a manner which has displaced the petitioner from one district to another district, in the nature of a general transfer. Such an arrangement in cases of employees of the rank of Junior Engineer in the exigency of work may be required from time to time. The information obtained by the petitioner under RTI indicates that some direction had been issued by Hon'ble Minister of the same department concerned which cannot be said to be totally out of place being the political head of the department concerned. The period of posting of the petitioner as has been shown by both the parties also indicates that he has remained within the same district for more than 2 years and has not been shifted.
Considering all the facts and circumstances of the case and the principles which govern interference in an order of transfer, the impugned 3. orders do not suffer from any lack of jurisdiction or are in violation of any statutory rule and neither can it be said to be malafide. Since by the impugned order, the services of the petitioner has been shifted from one or other section within the same district of Deoghar to the office of Deputy Commissioner, Deoghar and such shift has not caused much displacement as is obvious, it also cannot be said that the impugned orders have caused serious prejudice to the petitioner. Accordingly I am not inclined to interfere in the impugned orders of transfer. The writ petition is accordingly dismissed. Consequently, I. A. No. 5056 of 2014 also disposed of.
(Aparesh Kumar Singh,J) jk