SHEONATH SINGH GONJHU Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been preferred with a prayer for issuance of an appropriate writ, order or direction particularly a writ in the nature of certiorari for quashing the notification No. 2687 issued vide memo No. 2695 dated 30.6.2008 whereby and whereunder the petitioner has been transferred from Drinking Water & Sanitation Circle, (hereinafter referred to as D.W. & S.C.) Tenughat to D.W.& S.C., Chaibasa within a short span of less than six months from the date of his earlier transfer.

(2.) The facts, in brief, are set out as under:

(3.) The main contention raised by the petitioner is that the transfer was illegal because the name of the petitioner has been included in the impugned notification under challenge without the recommendation of the Establishment Committee and the same was in violation to the policy decision and the resolution dated 25.10.80 framed in accordance with the rules of Executive business which are framed in exercise of power conferred under Article 161 of the Constitution of India. The second contention raised by the petitioner is that frequent transfer is deemed to be malafide and liable to be declared as illegal, arbitrary and deserves to be quashed.