Early Times Report
Jammu, Apr 16: In a landmark judgment, Justice Tashi Rabstan today held that that transfer order cannot be termed as premature as the Government is empowered to pass a premature transfer order depending upon the exigency of service. This judgment has been passed in response to a petition filed by Narinder Singh Order No295-RD&PR of 2014 dated 21/10/2014 issued by the Commissioner/Secretary to Government, Rural Development and Panchayati Raj Department, respondent no 1 herein, to the extent it pertains to the petitioner, whereby he has been transferred as Assistant Engineer, Stores, Jammu to Miran Sahib, Jammu.
While dismissing the petition, Justice Tashi Rabstan took serious note and observed that before parting, this Court come to other aspect of the matter. Court on going through the documents annexed with the writ record and the pleadings of the parties, what transpired is that Javed Ahmed on his transfer to Rural Engineering Wing, Poonch did not join there. Court further observed that thereafter, he was transferred as Assistant Engineer, Miran Sahib, Jammu and objections filed by the official respondents are also evasive and out of context.
"It seems respondent No3, was intending for some prize posting and that is why he managed his transfer at the place of petitioner at Jammu away from his home town, court said and stated what impression the Court gathers is that everything is not well in the Rural Development Department and that transfers and postings are not being made in the interest of administration but the same are being managed for obvious reasons. Court said that Government being employer is the master to transfer its employees as per the administrative exigency and depending upon the need of service of efficient employees required at a particular place. Such discretion of the Government cannot be interfered with without any proper and substantial reasons.
According to the petition that vide order dtd 16/01/2014, he came to be transferred from R&B, Jammu to REW, Jammu against an available vacancy. Again he came to be transferred and posted as Assistant Engineer, Stores, Jammu vide order dated 01/09/2014. The grievance of petitioner is that within a span of about one and a half month only, again vide Order No.295-RD&PR of 2014 dtd 21/10/2014, impugned herein; he has been transferred to Miran Sahib, Jammu in place of respondent No.3. |
