M.Y.EQBAL, J. - (1.) Heard Mr. P.K. Sinha, learned senior counsel appearing for the petitioner and Mr. K.B. Sinha, learned senior counsel appearing for the respondents.
(2.) The petitioner has prayed for quashing the transfer order dated January 22, 2004, whereby he has been transferred from the Safety Division, CMPDI, Ranchi to R I-II, Dhanbad.
(3.) Petitioner's case is that he was appointed as Junior Executive Trainee in 1975 and after his promotion he is working on the post of Deputy Chief Engineer in the Safety Division of Central Mine Planning & Design Institute Limited (in short CMPDI). It is stated that one Shri (Dr.) Bindu Charan Rohi Das a Senior Officer of CMPDI and official in-charge of SC/ST employees of the CMPDI has to look after the interest of SC/ST employees officially besides his routine work. While in service the petitioner always ventilated his grievance before the higher Officer for giving effect to the order for his promotion from 1994 instead of 1998. It is stated that for the purpose of disposal of his pending representation he along with Dr. Bindu Charan Rohi Das went to meet respondent No.4, Personnel Manager, CMPDI, Ranchi. The respondent No.4 not only rebuked the petitioner and Dr. Rohi Das rather abused like anything. The petitioner and Dr. Rohi Das lodged an F.I.R. on January 22, 2003 whereupon the Police after its enquiry found the allegation correct and suggested to initiate a proceeding under Section 107 of Cr.P.C It is contended that another F.I.R. was also lodged by the petitioner under the SC/ST Prevention of Atrocities Act and the case is pending. It is alleged that in order to get rid of the criminal cases respondent No.4 managed the other higher Officers to issue a transfer order to the petitioner along with seven others.;