- (1.) HEARD learned counsel for the petitioner and also learned counsel for the respondent -State.
(2.) THE petition is preferred against the office order issued vide Memo No. 1233 dated 24th July, 2006 by the Director, Statistics and Evaluation, Jharkhand, Ranchi, whereby, the notification no. 1346 dated 9th October, 2002 stood modified and petitioner's name was removed from the Establishment Committee and two other names of senior officers were added. Learned counsel has lead emphasize on the guideline dealing with the transfer and posting of the Department of Cabinet Secretariat and Coordination Resolution. There is a policy and procedure regarding transfer and posting of the Government servant. The guideline also provides that the Establishment Committee should be formed for each Department with the approval of the Departmental Minister for recommending transfer/posting of such officers whose transfer and posting is made by the Government. It further provides that the Committee shall consist following officers: - (i) Commissioner and Secretary. (ii) Seniormost Head of Department. (iii) One Special Secretary/Additional Secretary. (iv) Suitable seniormost officer of the Scheduled Caste/Scheduled Tribe.
(3.) THE officer concerned is also given liberty that if such a suitable officer of Scheduled Caste/Scheduled Tribe is not available in the Department then a suitable officer may be nominated through the Personnel and Administrative Reforms Department.;