BASHIR AHMAD SHAH Vs. UNION OF INDIA
LAWS(J&K)-1999-4-28
HIGH COURT OF JAMMU AND KASHMIR
Decided on April 30,1999

BASHIR AHMAD SHAH Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

- (1.) THE petitioner, programme Executive in Radio Kashmir Srinagar, is sought to be transferred to All India Radio Nagpur in the same capacity vide order bearing No.4(215)91 -SI(B) 29.01.1999 which reads as under: ORDER NO.17/99 -SI(B) Shri Bashir Ahmad Shah, programme Executive Radio Kashmir, Srinagar is transferred to All India Radio, Nagaur in the same capacity with immediate effect in public interest. Sd/ - (T.B.Negi) Dy.Director of Adm. (P) for Director General 
(2.) THIS order is impugned through this writ petition which came to be admitted to hearing on 23 02.1999 on the consensus of the parties and was finally heard. The respondent No.3 has filed reply which is sought to be read for other respondents as well.
(3.) THE petitioner has questioned the competence of the Deputy Director (Adm), Respondent No.4 herein, to pass the impugned order alleged to have been engineered by the respondent No. 3 by way of punishment to wreck vengeance and is punitive in nature emanating from malafides. At the very outset I would like to deal with the challenge thrown to the impugned order on the ground of the lack of jurisdiction. In this behalf it is urged that the impugned order has been passed by the Deputy Director Admn. (P) who is neither the appropriate not the competent authority to pass such orders and the foundation of the averment calls for an appreciation in the light of the pleadings of the parties. Thus it is imperative to go through the same so as to arrive at a just conclusion.;


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