RAM NATH SHARMA Vs. STATE OF JHARKHAND & OTHERS
LAWS(JHAR)-2013-9-153
HIGH COURT OF JHARKHAND
Decided on September 10,2013

RAM NATH SHARMA Appellant
VERSUS
State Of Jharkhand And Others Respondents

JUDGEMENT

- (1.) Heard learned counsel for the parties.
(2.) The petitioner is aggrieved by an order of transfer contained at Annexure 3 dated 29th December, 2012, whereby while working as correspondence clerk he has been transferred from Building Division, Jamshedpur to Building Division, Saraikela.
(3.) It is the contention of the petitioner that certain complaints were made by one Kolhan Sanvedak Sangh against the petitioner which is Annexure 1 dated 6th December, 2012 which has led to the issuance of the impugned order of transfer. It is further submitted that the said Sangh was asked to furnish duly affidavited documents in support of their allegations which they have not submitted as would appear from Annexure 2 dated 28th January, 2013. It is further submitted that the respondents also do not dispute the aforesaid position in view of the statements made in the counter affidavit that such allegations were made against the petitioner but were not substantiated by any affidavit. It is further submitted that in such circumstances, the Engineer in chief, Building Construction Department, Jharkhand, initially put the impugned order in abeyance vide Annexure 4 dated 31st December, 2013, which was however again cancelled vide Annexure 5 dated 4th February, 2013. The petitioner admittedly has been relieved from his place of posting i.e. Building division, Jamshedpur. In such circumstances, according to the petitioner the impugned order is in the nature of a punitive transfer and carries stigma.;


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