- (1.) THE appellant is employed as Store keeper -cum - Clerk in the Jharkhand State Agricultural Marketing Board. He was posted at Agricultural Marketing Committee, Bokaro. By order dated 12.6.2001 of the Managing Director of the Board, he was transferred to the Board 'sHead Office at Ranchi.
(2.) HE challenged the said order of transfer passed by the Managing Director on the ground of administrative exigency, in this Court vide W.P. (S) No. 5612 of 2001, which was disposed of by learned Single Judge on 26.11.2001 with a liberty to him to approach the Secretary of the Department by filing a representation. Against Malindo Marandi Versus State Of Bihar the said order he has preferred the present appeal. Mr. R.Krishna, counsel for the appellant submitted, that under Section 33 -A of the Jharkhand Agricultural Produce Markets Act, 2000 read with Rule 64(ii)(c) of the Bihar Agricultural Produce Markets, Rules, 1975, it was the Jharkhand Agricultural Marketing Board alone, who had the authority to transfer the appellant from one market committee to the other and, there fore, the impugned order of transfer of the appellant passed by the Managing Director was illegal and without jurisdiction.
(3.) MR . V.P. Singh, Senior Counsel for the Marketing Board submitted that under Section 33 -F of the Act the Managing Director having been vested with power and general control and direction over all the officers and servants of the Board was authorized to pass order of appellant 'stransfer.;