- (1.)Petitioner is a permanent employee of the Punjab Treasury and Accounts Branch of the Department of Finance, Punjab and his services are governed by the Punjab Treasuries (State Service Class-Ill) Rules, 1979 (for short 'the Rules'). As per the averments contained in the petition, the petitioner has never given his consent for his transfer outside the department and out of the cadre of the Treasury and Accounts Service. He has also not been found guilty of misconduct or in efficient in any departmental proceedings and even he is not a junior-most Treasury Officer in his cadre, yet he has been transferred from his parent department to the office of Director Evaluation, Punjab, vide order Annexure P-3. According to the petitioner, the office of Director Evaluation, Punjab is a separate department governed under the separate Service Rules. Petitioner made several representations against his transfer made vide Annexure P-3, but no action was taken thereon by the respondents. Thus, the petitioner has impugned the order Annexure P-3 in this petition on the grounds that he could not be transferred in violation of the Rules outside the cadre and in a different department without his consent and the transfer made vide Annexure P-3 is the third transfer within the duration of less than two months.
(2.)In response to notice of motion, respondents have put in appearance and have filed reply.
(3.)Stand taken in the reply is that services of the petitioner have been placed at the disposal of the Director Evaluation, Punjab in the administrative interest and to utilize and make use of his experience gained by him of the working of the Treasuries Organization, District Treasuries and Sub Treasuries. It has been further stated in the reply that services of the petitioner have been placed at the disposal of said department only for a period of one year and that too, for a specified work regarding simplification/computerization of the Treasury working/accounts for which he has sufficient experience.