- (1.) THIS appeal is directed against the order dated 13th January, 2005 passed by the learned Single Judge in W.P. (S) No. 98 of 2005 declining to interfere in the matter and dismissing the writ petition.
(2.) THE learned counsel appearing in support of the appellant submitted that the appellant had been wrongly transferred from the post of Assistant Mining Officer, Latehar to the Geo -Engineering Cell, Ranchi as Geologist and that such transfer had been actuated with malice. In fact, the learned counsel has made certain submissions regarding the role, which was alleged to have been played by the Director, Department of Mines, Jharkhand, Ranchi, in the process of transferring the appellant from his post as Assistant Mining Officer to that of Geologist at Ranchi. It has been submitted that the appellant had taken certain steps to unearth certain irregularities regarding the grant of lease and mining operation in the land whether such lease had already expired and having regard to the above, the respondent No. 3 had manipulated the matters in such a way that the impugned order of transfer could be passed. On the last occasion, when we heard the matter, we had requested the learned counsel appearing for the respondents to produce the relevant record relating to the order of transfer and after perusing the same, we find that as a matter of policy, those Geologists, who had been posted as Assistant Mining Officers in different district have been recalled and posted in their parent Directorate. Apart from above, the Establishment Committee which considered the transfer matter, also took into consideration the fact that all these officers have completed three years services in their respective places of posting.
(3.) LEARNED counsel for the appellant had also tried to impress upon us the fact that proceedings have been started by the appellant under the provisions of Section 21 of the Mines and Minerals (Regulation and Development) Act, 1957 and there was every possibility of the same being rendered infructuous, in the event the appellant was transferred out from his place of posting.;