GHULAM NABI Vs. DIVISIONAL COMMISSIONER
LAWS(J&K)-1993-8-6
HIGH COURT OF JAMMU AND KASHMIR
Decided on August 18,1993

GHULAM NABI Appellant
VERSUS
DIVISIONAL COMMISSIONER Respondents

JUDGEMENT

- (1.)Petitioner Ghulam Nabi, working as Junior Asstt. in the office of Tehsildar Agrarian Reforms Doda, and holding a District Cadre Post, has been transferred by the Divisional Commissioner Jammu vide order No. 101/362/111/1855-58 dated 15.12.1992 from Doda to Udhampur District and the Deputy Commissioner Udhampur has been directed to adjust the transferee in the District against the available vacancy. Aggrieved of such transfer order, the petitioner has moved this writ petition on the ground that the Divisional Commissioner has no competency to transfer him from Doda to Udhampur District and in this regard refuge has been taken within the purview of Section 17 of the J&K Subordinate Service Recruitment Rules, 1992 which is reproduced hereunder :-
"17(2). A member of Divisional Cadre shall be transferred to another Divisional cadre or to any District cadre under orders of the Head of the Department."

As the impugned order has not been passed within the purview of the aforesaid rule, hence the writ petition is filed by the petitioner challenging therein the competency of the Divisional Commissioner to issue such an order for he is not the Head of the Department.

(2.)While the notice was given to other side, the interim direction was given by one of the learned Benches of this Court on 20.1.1993, whereby the impugned order was placed under suspension and the other side was asked to file objections.
Objections were filed by the respondents.

Heard learned counsel for the parties and also bestowed my thoughtful consideration over the record on the file.

(3.)Rule 17 quoted above clearly envisages that a member of the Divisional Cadre in the State service shall be transferred to another Divisional cadre or to any other District cadre under the orders of the Head of the Deptt.


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