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HC issues directives in ‘2 XEns posted on one post’ case 11/1/2015 11:54:40 PM Early Times Report Jammu, Nov 1: In an interesting case in which two different Secretaries transferred two different Executive Engineers on same posts. In a petition filed by Muneer Hussain who was transferred Vide Government order No. 214-PW (R&B) of 2015 dated 26.08.2015 issued by the Commissioner/ Secretary to Government, Public Works (R&B) Department, from the post of Executive Engineer, PMGSY, Budhal and posted as I/c Executive Engineer REW, Rajouri against available vacancy. Pursuant to this order the petitioner assumed charge on 27.08.2015. In another order No. RD/REW/11/2015 dated 27.08.2015, issued by the Secretary to Government, Department of Rural Development and Panchayati Raj (RD&PR), one Ghulam Rasool, I/c Executive Engineer, REW, Ramban was transferred and posted as I/c Executive Engineer, REW, Rajouri against available vacancy. Justice Janak Raj Kotwal after hearing Adv Virender Bhat appearing for the petitioner observed that narration of the events would reveal conflict in exercise of power by two Departments of the Government, that is, Public Works (R&B) Department and Department of Rural Development & Panchayati Raj. The events indicate the persistence of the Public Works Department to give posting against available vacancy of Executive Engineer, REW, Rajouri to the petitioner and counter persistence of the Rural Development Department to impress upon the Public Works Department that they should only depute the Executive Engineers to Rural Development Department instead of giving them posting in the specific divisions. Justice Kotwal further observed that 4. Inter-departmental conflict between the two Departments should be resolved by the Government for smooth running of the administrative business instead of allowing a situation for judicial intervention. It appears that the Executive Engineers from the Public Works Department are deputed to the Department of Rural Development & Panchayati Raj. Government should take cognizance of the conflict between the two departments and issue necessary administrative instructions making it clear whether the Public Works Department should simply depute the Executive Engineers to the Rural Development Department or can also give them specific postings in the said Department. Justice JR Kotwal after hearing counsel for the petitioner in length with the direction that the Government to look into the matter and issue necessary instructions, whatsoever. Till that is done, status quo as regards the petitioner and respondent as it exists today shall be maintained. Justice JR Kotwal also directed registry to send a copy of this order to the Chief Secretary of the State for necessary action. (JNF)   Share This News with Your Friends on Social Network     Comment on this Story

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