Aparesh Kr. Singh, J. - (1.) HEARD counsel for the parties. The petitioner is aggrieved by the office order dated 27th August, 2013 issued under the Signature of the Respondent No. 2 -The Engineer -in -Chief -cum -Additional Commissioner -cum -Special Secretary, Department of Rural Works, Government of Jharkhand, Ranchi and communicated to the petitioner vide Memo No. 2119 dated 27th August, 2013 (Annexure -3), whereby he has been transferred from his present place of posting at Works Section, Jama Works Division, Dumka and posted in the office of the Deputy Commissioner, Deoghar. By the same notification, the private respondent (Respondent No. 4) has been posted in his place.
(2.) ACCORDING to the petitioner, by the last notification contained in office order No. 120 dated 26th December, 2011, he was transferred from Ramgarh to Works Section under Works Division, Dumka where he joined in the month of January 2013. However, he has been taken aback because of his sudden transfer. According to the petitioner, transfer has been made without the matter being placed before the Establishment Committee and beyond the normal period in which such transfers are undertaken, as per the Circular dated 25th October, 1980 (Annexure -4) i.e. in the month of May -June or November -December of each year. The petitioner submits that he has been transferred within one and half year and no reasons of administrative exigency has either been shown. It is further submitted that the petitioner was transferred on 3rd June 2013 which was however stayed by another office order dated 18th June, 2013 till 30th November, 2013. Therefore, the writ petition which had been preferred by him earlier being WPS No. 3434/13 was subsequently withdrawn. Respondent State have filed their counter affidavit on 17th September, 2013 sworn by one Magna Tigga, son of Bijla Tigga, Under Secretary, Rural Works Department, Ranchi. At para -15, it is stated that Government usually transfer its employees on administrative grounds in special circumstances. Following the said policy of the Government, the Establishment Committee of the Rural Engineering Organization recommended the name of the petitioner and others on administrative grounds and after approval of the Government of Jharkhand, the order of transfer dated 27th August, 2013, impugned by the petitioner (Annexure -3) was issued, which is legal and justified in the eyes of law for administration of the department. Further, it has been stated in the counter affidavit that transfer is an incidence of service and petitioner has already been relieved for joining at his place of posting.
(3.) THE petitioner seriously contested the aforesaid statement. I.A. No. 7302/2013 was also filed for initiating proceeding for making false statements against such deponent.;