Aparesh Kumar Singh,J. - (1.) Heard counsel for the parties.
(2.) It is the grievance of the petitioner who is holding the post of Tracer in the office of Executive Engineer, Rural Works Department, Works Division, Ramgarh that after twenty months of issuance of the order of transfer dated 31.12.2012 issued by the Superintending Engineer, Rural Works Department, Works Circle, Hazaribagh (Annexure-3) whereunder he was transferred to Chatra, he has been relieved on 11.09.2014 by another order issued by the Executive Engineer, Rural Works Department, Works Division, Ramgarh.
(3.) The contention of the petitioner is that after twenty months of the order of transfer, there is no justification to relive him now when earlier his request for relieving him vide annexure-4 dated 16.01.2013 was not acceded to and the Executive Engineer, Rural Works Department, Works Division, Ramgarh himself requested the Superintending Engineer, Hazaribagh to cancel the order of transfer by a communication bearing memo no. 58 dated 04.02.2013 (Annexure-5). It is further submitted that under the relevant provisions of Jharkhand Service Code, specially rules 265 and 255 thereof, if the incumbent does not join at the transferred place of posting within the joining time permissible, he can be proceeded for misconduct which has never been the case against the petitioner. The impugned order of relieving moreover indicates that the same have been issued for administrative reasons i.e. in the nature of punitive order. It is further submitted that the petitioner having remained and adjusted himself at the same place of posting even after issuance of the impugned order of transfer, should not be relieved after twenty long months, as has been done now. Learned counsel for the petitioner submits that ordinarily, such transfer orders of an employee holding the post of Class-III are to be effected upon the decision of the Establishment Committee which does not appear to be the case here. Therefore, the impugned order be quashed.;