SHAKEEL AIJAZ FAZILI Vs. STATE

JUDGEMENT

(1.) ALLEGATIONS of communal bias by unbridled illiterates are conceivable but certainly not expected of a qualified officer of the rank of an Assistant Executive Engineer, just to escape the fallout of an order of transfer. Frankly speaking I was inclined to leave it untouched but the difficulty is that it was the main ground urged to sustain the challenge thrown to the impugned order, therefore, no option but to deal with it in light of the documents forming part of the pleadings, including a communication of the Vice Chairman LAWWDA which essentially speaks of necessity of replacement of the petitioner because of reasons spelt out therein, followed by views near to similarity to the ones communicated by other superiors of the petitioner who admittedly do not belong to petitioners community but amazingly comments of the Vice Chairman belonging to petitioners community did not offend him but he has a grouse to register against the comments made by officers of other community, least appreciating that their opinion emanates from complication they are confronted with in their official business necessitating replacement of the petitioner in the public interest, consequently, order of transfer.

(2.) AT the very outset let it be placed on record that the averment unfolds an unbecoming approach of a public servant and I am afraid if controversy raised is stretched a bit further it may give rise to an inquiry into petitioners conduct, within the purview of conduct and discipline rules. More so, if interference with the order of transfer is displayed on such an irresponsible averment, devotion to the duty on the part of the public servants is bound to be undermined that too at the cost of communal harmony making the public interest a casualty. That apart transfer being an incidence of service none of the rights of the petitioner is violated.

(3.) THIS brings me to a feeble mention made at the bar that Government having transferred the petitioner to LAWWDA, no authority other than Government can shift him to any other place. The argument need not detain me because the question is completely answered by judgment incidentally handed down by me in Bilal Ahmad Bhat Versus State of J&K and others [2007(1) SLJ 332]. Paragraph 9 of the judgment may be noticed: