Alok Singh, J. - (1.) PETITIONER , by invoking Article 226 of the Constitution of India, is assailing the order dated 26.12.2011, whereby petitioner was transferred from Bishnugarh, Hazaribagh to Koderma. Undisputedly, petitioner was transferred and posted as Junior Engineer, Bishnugarh, Hazaribagh on 29.06.2011, vide Annexure -1.
(2.) AS admitted by Respondent Nos. 2 to 4 in the counter affidavit that Shri Umakant Rajak, former Minister -cum -MLA, had made a complaint dated 22.12.2011 (Annexure -A to the counter affidavit) against the petitioner to the effect that petitioner is involved in the local politics and groupism, therefore, he must be transferred from the district Hazaribagh. It is further admitted in the counter affidavit that on the complaint made by Shri Umakant Rajak, former Minister -cum -MLA, petitioner's case was placed before the Establishment committee and thereafter he was transferred from Bishnugarh, Hazaribagh to Koderma as a punishment. Hon'ble Apex Court, in the case of Somesh Tiwari Vs. Union of India & Ors., reported in : (2009) 2 SCC 592, in paragraph -16, has held as under: - 16. Indisputably an order of transfer is an administrative order. There cannot be any doubt whatsoever that transfer, which is ordinarily an incident of service should not be interfered with, save in cases where inter alia mala fide on the part of the authority is proved. Mala fide is of two kinds - one malice in fact and the second malice in law. The order in question would attract the principle of malice in law as it was not based on any factor germane for passing an order of transfer and based on an irrelevant ground i.e. on the allegations made against the appellant in the anonymous complaint. It is one thing to say that the employer is entitled to pass an order of transfer in administrative exigencies but it is another thing to say that the order of transfer is passed by way of or in lieu of punishment. When an order of transfer is passed in lieu of punishment, the same is liable to be set aside being wholly illegal. As per the dictum of the Apex Court in the case of Somesh Tiwari (supra), if transfer order is made in lieu of punishment, the same is liable to be set aside being wholly illegal. This is the admitted fact that petitioner was transferred on the complaint of Shri Umakant Rajak, former Minister -cum -MLA, in lieu of punishment, therefore, transfer order of the petitioner is wholly illegal and cannot be sustained in the eyes of law and is therefore, liable to be quashed.
(3.) MOREOVER , petitioner was transferred within six months from the date of his posting at Bishnugarh, Hazaribagh. As per the transfer policy, minimum two years period should be allowed to work on transferred place.;