S.J.MUKHOPADHAYA, J. - (1.) IN both the cases, the petitioners have challenged the common Divisional Order No. 55/2005, dated 3rd June 2005, whereby and whereunder while they have been transferred to another place and it has been directed not to give them any sensitive positing.
(2.) EARLIER when the cases were taken up affidavits having not been filed in time, this Court imposed costs of Rs. 500.00 on the respondents in both the cases for payment in favour of Jharkhand State Legal Services Authority. However, in the order dated 3rd August 2005 in place of 'Jharkhand State Legal Services Authority ' it has been wrongly typed 'Jharkhand State Legal Services Committee '. This has been pointed out by the learned counsel for the Railway. It is, accordingly ordered to read 'Authority ' in place of 'Committee ' in the 4th line of 1st paragraph of order dated 3rd August 2005. Counsel for the Railway prays for and is allowed another two weeks time to deposit the cost. So far as the merit of the case is concerned, the grievance of the petitioners is that the order of transfer is penal in nature. The respondents in their counter affidavit have taken common plea that those, who have been posted in Dhanbad Division for more than 13 years, have been transferred. In view of such statement, this Court is not inclined to interfere with the order of transfer.
(3.) THE learned counsel for the petitioners submitted that similarly situated persons are continuing in Dhanbad Division for more than 15 to 25 years, many of them are also accused in criminal cases, but they have been allowed to continue in the Railway Protection Forces, Dhanbad Division. The following names have shown, who are continuing since long : (i) S.N. Pandey, Constable, Dhanbad Post. (ii) Jitendra Singh, Constable, Dhanbad Post. (iii) Jagarnath Ram, Constable, Bokaro. (iv) Sant Kumar Sinha, Constable, Gomoh. (v) Vijay Bahadur Singh, Constable Garhwa. (vi) S.K. Yadav, Constable, Gomoh. Amitabh Choudhary Versus State Of Jharkhand (vii) R.C. Tripathy, Constable, Gomoh. (viii) S.B. Singh, A.S.I., Garhwa. (ix) Sitaram Singh, A.S.I., Gomoh. (x) Ram Dhyan Mishra, A.S.I., Koderma. (xi) R.K. Yadav, Constable, Gomoh. (xii) Braj Deo Singh, Constable, Barkakana. (xiii) B.N. Tripathy, Havildar, Koderma. (xiv) S.P. Singh, Havildar, Koderma. (xv) Mateshwar Kumar, Constable, Banka. (xvi) Gopal Singh Yadav, Constable, Banka. (xvii) Dev Yadav, Havildar, Garhwa. ;