M.Y.EQBAL, J. - (1.) PETITIONER has challenged the Notification No. 6447 dated 11.8.2003 whereby the earlier departmental Notification No. 4540 dated 26.6.2003 in relation to the transfer of the petitioner has been stayed. The said notification has been challenged as being illegal, arbitrary, capricious, malafide and on extraneous consideration.
(2.) PETITIONER was posted as Executive Engineer. Rural Engineering Organization, Ranchi. By Notification dated 26.6.2003 petitioner was transferred and posted as Executive Engineer, N.R.E. P. Hazaribaghin place of respondent No. 7, Samendra Kishore Srivastava who was transferred by the said notification from N.R.E.P. Hazaribagh to the post of Technical Advisor to the Superintending Engineer, Dumka. Petitioner 'scase is that pursuant to the order of transfer, he joined at the transferred post at Hazaribagh on 7.7.2003, The Deputy Development Commissioner, Hazaribagh vide his letter dated 16.7.2003 directed respondent No. 7 to hand over charge of Executive Engineer, N.RE.P. Hazaribagh to the petitioner within three days as the petitioner joined on 7.7.2003 and a copy of the same was communicated to respondent No. 7 for information and necessary compliance. Similarly, the Deputy Commissioner vide his letter dated 18.7.2003 directed respondent No. 7 to hand over charge to the petitioner forthwith. It is stated by the petitioner that by letter dated 23.7.2003 he informed respondent No. 6, Deputy Development Commissioner, Hazaribagh about his joining at a new place of posting on 7.7.2003. Petitioner also informed the Secretary, Rural Engineering Organization, Jharkhand, Ranchi assuming the charge of the Office of Executive Engineer at Hazaribagh. However, all of a sudden another notification was issued on 11.8.2003 staying the order of transfer of the petitioner although petitioner said to have assumed charge of the post of Executive Engineer at Hazaribagh.
(3.) THE respondent State has filed a very perfunctory counter affidavit stating that petitioner did not inform the department regarding his joining on 7.7.2003 and even if he gave his joining without being relieved from his previous post. It is stated that against the order of transfer the Deputy Commissioner, Hazaribagh has not relieved respondent No. 7 from the vacant post of Executive Engineer, N.R.E.P. and as such post was not lying vacant.;