Jharkhand High Court
Bishwanath Ghosh And Ors 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. 2986 of 2016
1. Pradeep Kumar, S/o late Ghansi Ram
2. Manohar Mahto, S/o late Surendar Nath Mahto
3. Vikash Kumar, S/o Shivdani Singh
4. Chandramani Kumar, S/o late Narsing Narayan Pandey
5. Poulush Godard, S/o late Robert Godard
6. Ganesh Raut, S/o late Gopi Raut
Versus
1. The State of Jharkhand through Principal Secretary, Arts, Culture, Sports &
Youth Welfare Department, Govt. of Jharkhand, Dhurwa, Ranchi
2. The Director, Arts, Culture, Sports & Youth Welfare Department, Govt. of
Jharkhand, Dhurwa, Ranchi
3. The Director, office of the Additional Director General (NCC) Bihar &
Jharkhand, Rajendra Path, Patna ... ... ..... Respondents
With
W.P.(S) No. 3619 of 2016
1. Sambhu Nath Prasad, S/o late Satan Prasad
2. John Toppo, S/o late Bhaglu Toppo
3. Keshav Kumar, S/o late Narayan Lal ... Petitioners
Versus
1. The State of Jharkhand through Principal Secretary, Arts, Culture, Sports &
Youth Welfare Department, Govt. of Jharkhand, Dhurwa, Ranchi
2. The Director, Arts, Culture, Sports & Youth Welfare Department, Govt. of
Jharkhand, Dhurwa, Ranchi
3. The Director, Office of the Additional Director General (NCC) Bihar &
Jharkhand, Rajendra Path, Patna ... ... ..... Respondents
with
W.P.(S) No. 3354 of 2016
Irma Nagetia, W/o Shri John Toppo ... Petitioner
Versus
1. The State of Jharkhand through the Secretary, Arts, Culture, Sports & Youth
Welfare Department, Govt. of Jharkhand, Dhurwa, Ranchi
2. The Director, Department of Art, Culture, Sports & Youth Welfare
Department, Govt. of Jharkhand, Dhurwa, Ranchi
3. Additional Director General (NCC) Bihar & Jharkhand, Rajendra Path, Patna
4. The Commanding Officer, 19 Jharkhand Battalion, NCC, Rameshwaram,
Bariatu Road, Ranchi ... ... ..... Respondents
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CORAM: HON'BLE MR. JUSTICE DR. S. N. PATHAK
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For Petitioners : Mr. Suraj Singh, Advocate
Mr. Kumar Vaibhav, Advocate
For Respondents : Mr. Rajiv Anand, GA-IV
Mr. D.K. Dueby, Sr. SC-I
Mr. Nikhil Ranjan, Advocate
Ms. Ruchi Rampuria, JC to Sr. SC-I
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08/ 12.09.2017In all these writ petitions, issues are same and similar and such they are being disposed of with this common order.
The petitioners have approached this Court for quashing the order dated 17.05.2016 issued by the respondent No. 3, whereby and whereunder, the petitioners have been transferred to new places. Factual Matrix:-
The petitioners were appointed on different post on temporary basis. Thereafter, the services of the petitioners were confirmed by the Dy. Director General of NCC Directorate, Bihar and presently, they are working on different post at different units of NCC, Jharkhand Battalion. Surprisingly, they have been transferred to other district vide office order dated 17.05.2016, issued by the Joint 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. Some of the petitioners without exhausting the administrative remedies, have straightway approached this Court, and have challenged the order dated 17.05.2016 and prayed for quashing of the order of transfer as it is without jurisdiction.
Learned counsels for the petitioners strenuously urge 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 counsels for the petitioners further submit 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 and Nikhil Ranjan, learned counsels appearing on behalf of the respondents vehemently opposes the contentions advanced by the learned counsels for the petitioners and submit that order of transfer was issued as back as on 17.05.2016 and no stay order has been passed by this Hon'ble Court, though some of the petitioners have joined the transferred post and other 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 counsels further argue 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 issued as back as on 17.05.2016. 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 employees 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 counsels for the petitioners 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 cases. Resultantly, these writ petitions merit dismissal, at the same time, the petitioners are directed to join the transferred post, if not joined as yet, within a period of ten days from the date of receipt of a copy of this order.
(Dr. S.N. Pathak, J.) punit/