Early Times Report
jammu, Oct 19: High court judge Janak Raj Kotwal has set aside the transfer of Swarn Singh from ARTO, BOI (Board of Inspection) with the direction that the respondent was posted at Jammu for a good reason but goodness should have been extended up to the place of posting only and need not be extended to the post to be given to him. The Competent Authority should, therefore, do well by giving suitable posting to him having regard to his domestic problem related to health of his daughter.
According to the petitioner, he has served as ARTO, Ramban, for about three years. Vide government order No 103/AF-TR of October 18, 2014, he was transferred from Ramban and posted as ARTO, BOI, Jammu. Again vide government order No 56-TR of July 23, 2015, he was transferred and posted as incharge ARTO, Flying Squad, Jammu, and by the same order, the respondent was posted in his place.
The petitioner assailed his transfer from ARTO, BOI, in SWP No 2159/2015 on the ground that his transfer was premature and hence violative of the Transfer Policy of the government issued vide order No 861-GAD of July 28, 2010.
Justice Kotwal, after hearing both the sides, observed that the petitioner's transfer was admittedly done as there were serious allegations in various complaints against him. No reference, however, to any such complaint has been made in the reply of the respondents nor is there any material to show that nature of allegations called for his immediate transfer in public interest and on account of exigency of service. The punitive transfer, which from its nature is stigmatic, therefore, is not justified and respondents have questioned the maintainability of this writ petition on the ground that the impugned transfer has been implemented in as much as the petitioner has concealed the fact that pursuant to his transfer he joined as ARTO Flying Squad on 15.08.2015, i.e, on the day of filing of the writ petition and even the private respondent has also joined in his place. It is contended that the petitioner having complied with the order is stopped from assailing the order.
In this context, it is noticed that the impugned order contains a strict direction to the petitioner to report to his new place of posting without any loss of time and a warning that in case of failure action for dereliction of official order shall follow. Not only that, the order also contained a direction to the RTO, Jammu to relieve the petitioner immediately with a direction to report at his new place of posting as also a direction to the Transport Commissioner to report compliance of the order within one week. All these directions suggest anxiety of respondent to see that order is implemented and in such circumstances quick compliance by the petitioner cannot be taken as his acquiescence to the order. That apart, illegality of the order would not get cured by compelling the petitioner to comply with the order and doors of Judicial Review cannot be closed on that score.
With these observations, the court allowed the petition and ordered that the transfer of the petitioner was set aside and his place of posting as ARTO BOI, Jammu is restored.(JNF) |
