DILIP KUMAR SINGH Vs. THE STATE OF JHARKHAND AND ORS.
LAWS(JHAR)-2015-2-185
HIGH COURT OF JHARKHAND
Decided on February 05,2015

DILIP KUMAR SINGH Appellant
VERSUS
THE STATE OF JHARKHAND AND ORS. Respondents

JUDGEMENT

- (1.) This L.P.A. has been preferred against the judgment and order delivered by learned Single Judge in W.P.(S) No. 4531/2014 dated 26th September, 2014 whereby the petition preferred by this appellant has been dismissed and the order of transfer passed by the respondents-State has not been interfered with. Having heard learned counsel for the appellant and looking to the facts and circumstances of the case, we see no reason to entertain this L.P.A. mainly for the reason that,-- (i) This appellant has been transferred on 22nd August, 2014 from place 'A' to place 'B' and thereafter, on 25th August, 2014, from place 'B' to place 'C'. This is the grievance of the appellant that within three days, he has been transferred from place 'B' to place 'C' and, hence, it is argued that the respondents violated transfer policy dated 25th October, 1980 and without any recommendation of Establishment Committee, this transfer order has been made effective. Moreover, within three years, six transfers have been made of this appellant, and, thirdly, the to accommodate one Sri Shishir Kumar, recommendation was made by the Constitutional authority, namely, the Minister Incharge of the Department. None of the grounds are accepted by this Court for any interference in the transfer order, mainly for the reason that transfer of this appellant is because of administrative exigency. Appellant has to serve as a Junior Engineer wherever he is posted. Neither any salary has been reduced, nor any perks have been curtailed. Within the same District-Deoghar, from place 'A' to place 'B', petitioner was transferred and again from place 'B' to place 'C', which is again in the district of Deoghar. This 'A', 'B' and 'C are Works Section, Mohanpur, District-Deoghar; Notified Works Section, Sarath, Deoghar and Deputy Commissioner of District-Deoghar. (ii) In view of these facts, if this appellant is transferred within the same district, we see no reason to interfere with the order of transfer and no error has been committed by the learned Single Judge in considering these facts.
(2.) As a cumulative effect of all these facts stated above, this L.P.A. is hereby dismissed.;


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