MOHD AKBAR MIR Vs. CHIEF ENGINEER

JUDGEMENT

(1.) PETITIONER a Jr. Engineer in P.D.D is questioning his adjustment/transfer vide office order No. CE/PMM/86 of 1999 dated: 10.6.99 of Chief Engineer Procurement and Material Management Jammu -respondent no.1 (annexure -B) on the ground that the petitioner has a threat to his life in the back ground of being brother of Late Ghulam Mohmmad Mir Magami, Ex. Member of Parliament from Srinagar. His brothers affiliation to Congress party, is not taken in the stride by the militant organisations. Besides the said impugned order is infact a review of order dated 8.6.99 of Development Commissioner (Power) (Annexure -A) by Chief Engineer an inferior officer. The order is not passed in the interests of administration. Respondents in their objections have contended that under the impugned order petitioner has been adjusted in Electric Purchase Circle -II, Srinagar from Electric Central Store Division Srinagar and these offices are situated at stoneâ„¢s throw from each other.  The transfer is infact an adjustment order consequent on transfer order (annexure A) by Development Commissioner Power respondent No, 2. It is denied that the impugned order is in any way a review of the order of Development Commissioner. Petitioner has been adjusted and shifted to Srinagar as a case of longer stay, where he is more secure. While ordering his transfer, under impugned order, petitionerâ„¢s threat perception has been taken care of.

(2.) PETITIONER â„¢s name does not figure in order dated 8.6.99 of Development Commissioner power (annexure -A). He is not transferred under order. The order dated 10.6.99 of Chief Engineer (annexure -B) speaks that as follow up to the transfer order Annexure -A, the adjustment/transfer among others of petitioner is made to EPO -II, Srinagar from ECSD Srinagar. Obviously the transfer of petitioner is within the district Srinagar. The transfer is not a case of review of order of superior by an inferior officer. The threat perception or personal problems of petitioner through definitely matter for the employer -respondent, cannot be a ground to struck down the adjustment/transfer order. No plea with material is on record to show that the impugned order is malafide or passed in violation of rules and guidelines or unjustifiable. Transfer is the normal consequence and incident of service. In B. Vaeadha Rams case (AIR 1986 SC 1955), the Apex Court observed: - .....It is well understood that transfer of a Government servant who is appointed to a particular cadre of transferable posts from one place to another is an ordinary incident of service and therefore does not result in any alteration of any of the conditions of service to his disadvantage. That a Government servant is liable to be transferred to a similar post in the same cadre is a normal feature and incident of Government service and no Govt. servant can claim to remain in a particular place or in a particular post unless, of course, his appointment itself is to a specified, non -transferable post.....

(3.) IN State of Punjab and others Vs Joginder Singh Dhatt, (AIR 1993 S.C. 2486) it is pointed out: - .... It is entirely for the employer to decide when, where and at what point of time a public servant is transferred from his present posting. Ordinarily the Courts have no Jurisdiction to interfere with the order of transfer. The High Court grossly erred in quashing the order of transfer of the respondent from Hoshiarpur to Sangrur. The High Court was not justified in extending its jurisdiction under Article 226 of the Constitution of India is a matter where on the face of it, no injustice was caused.