M.Y.EQBAL, J. - (1.) THE petitioner has prayed for quashing the order as contained in Memo No. 207/06 -31 dated 30.6.2006, whereby respondent No. 5 - Shri Baldeo Choudhary, has been transferred and posted as District Transport Officer, Dhanbad in place of the petitioner without issuing an order of posting of the petitioner.
(2.) THE petitioner joined the Bihar Administrative Services and was allocated Bihar cadre. Petitioners services were given to the Transport Division vide notification dated 7 th February 2002 and petitioner was posted as District Transport Officer, Giridih. By another notification dated 30.12.2003, he was transferred to the post of District Transport Officer, Singhbhum West, Chaibasa. Again he was transferred and posted as District Transport Officer, Jamshedpur by notification dated 14.12.2004. within a short span of time, the petitioner was again transferred and posted as District Transport Officer, Dhanbad vide notification dated 11.6.2005. By the impugned notification dated 30.6.2006, respondent No. 5 Baldeo Choudhary has been transferred, and posted in his place as District Transport Officer, Dhanbad without posting the petitioner in any other place. The petitioners case is that the impugned order of transfer of respondent No. 5 in place of the petitioner has not been issued under the recommendation of any Establishment Committee, nor it was issued under the signature of Principal Secretary, rather it was issued under the signature of the Transport Commissioner. It is further alleged that the aforesaid order of posting has been made only on the recommendation of minister on extraneous consideration and not on the basis of duly constituted Establishment Committee of the Transport Department. It is further contended by the petitioner that respondent No. 5 Shri Baldeo Choudhary was posted as District Transport Officer, Dhanbad for about 2 1/2 years back and the petitioner took charge from him. But again he has been transferred and posted as District Transport Officer, Dhanbad. It is further alleged that the notification was issued on 30 th June, 2006 which was a gazetted holiday and also when the Principal Secretary was on leave. The respondent Nos. 2, 3 and 4 filed a counter affidavit wherein it is stated that the petitioner is the member of Jharkhand Administrative Services and at present he is posted as District Transport Officer, Dhanbad. His services were taken back by the Personnel Department vide notification dated 24.6.2006. Hence he was transferred from Dhanbad by the impugned notification and respondent No. 5 has been posted at Dhanbad in his place. However, it is stated that the notification has been issued in anticipation of formal recommendation of the Establishment Committee. The Principal Secretary was out of Ranchi and Shri Rajiv Arun Ekka was Incharge of Principal Secretary to perform the routing work. So the notification was issued after formal approval of the Departmental Minister by the Transport Commissioner in capacity of Principal Secretary. The respondents further case, is that many allegations have been received against the petitioner during his posting at Singhbhum, Jamshedpur and Dhanbad. His services were given to Transport Department and he has completed five -year service in this Department. In the reply to the counter affidavit of respondent Nos. 2 to 4, the petitioner has stated that the notification dated 24.6.2006 by which the services of the petitioner and five other Officers have been sent back to the Parent Department was never served upon the petitioner, nor the said notification was given effect to. It is stated that the Officers including the petitioner who services were allegedly sent to the Parent Department vide notification dated 24.6.2006 are still working in the same place of posting accept Shri Suresh Kumar Dudani who has been posted from Dumka to Chaibasa.
(3.) I have heard Mrs. Ritu Kumar, learned Counsel appearing for the petitioner and Shri A.K. Sinha, learned Advocate General for the State and Shri Kalyan Roy, learned Counsel appearing for respondent No. 5.;