M.Y. Eqbal, J. - (1.) IN this writ application the petitioner has prayed for issuance of an appropriate writ in the nature of certiorari for quashing the office order No. 70 contained in Memo No. 1752 dated 3.12.2005 (Annexure 8) by which the petitioner was removed from the charge of Anandpur, Dalbhum Division and was directed to work at Minor Forest Produce Project, Daltonganj Division and also for issuance of a writ of certiorari for quashing the office order No. 76 as contained in memo No. 1781 dated 9.12.2005 (Annexure 11) by which respondent No. 6 has been transferred to Minor Forest Produce Project, Anandpur Range, Dalbhum Division. Petitioner has further prayed for issuance of a writ in the nature of certiorari for quashing the officer order No. 84 as contained in memo No. 1821 dated 15.12.2005 (Annexure 13) by which the petitioner has been transferred/posted at Minor Forest Produce Project Garhwa I Range.
(2.) PETITIONER was appointed on the post of Range Officer in 1991. In 2003 he was transferred from Simdega East, Ranchi Division to Anandpur Dalbhum Division by order dated 31.12.2003. Petitioner said to have been relieved on 16.1.2004 for joining at Anandpur Division and submitted his joining on 17.1.2004. Petitioner was transferred in place of on Sanjay Kumar. It is stated by the petitioner that the Divisional Manager, Minor Forest Produce Project, Dalbhum Division by letter dated 30.11.2005 addressed to the General Manager, Minor Forest Produce Project Ranchi Circle, Ranchi reported that petitioner being the Forest Inspector has not got the royalty of the Kendu leaves deposited for the financial year 2006 due to which there are chances of loss and this action of the petitioner amounts to carelessness and dereliction of duty. In pursuance of the said letter petitioner was removed from the charge of Anandpur Range, Dalbhum Division and directed to work at Minor Forest Produce Project, Daltonganj till further orders. Petitioner immediately filed detailed representation on 5.12.2005 before the Divisional Manager, Minor Forest Produce Project, Dalbhum Division explaining the entire matter. The Divisional Manager. Minor Forest Produce Project re -examined the matter and by his letter dated 6.12.2005 informed the General Manager that there has been no loss of royalty due to the latches on the part of the petitioner. It is stated that in -spite of issuance of letter dated 6.12.2005 respondent No. 6 has been transferred to Minor Forest Produce Project, Anandpur in place of the petitioner. The contention of the petitioner, therefore, is that the entire action of the respondents is arbitrary and unjustified. In the counter affidavit filed by respondent Nos. 2 to 5, it is stated that the writ application has become infructuous on account of the fact that pursuant to order of transfer respondent No. 6 has already joined at Anandpur, Range at Jamshedpur. The instant transfer orders have been passed due to administrative exigency.
(3.) MRS . Ritu Kumar learned Counsel for the petitioner assailed the impugned order as being illegal, arbitrary and without jurisdiction. According to the learned Counsel Officer Order dated 31.2.2005 by which petitioner was removed from charges and was directed to work in the Minor Forest Produce Project, Daltonganj Division was by way of punishment and stricture on the petitioner and the said office order is liable to be quashed in view of the subsequent letter whereby it was explained that there was no dereliction or carelessness on the part of the petitioner. Learned Counsel drawn my attention to the order as contained in letter dated 6.12.2005 (Annexure 10) to the writ application and submitted that Divisional Manager. Minor Forest Produce Project, Dalbhum re -examined the entire matter and informed the General Manager, Minor Forest Produce Project. Ranchi Circle that there has been no loss of royalty due to the latches on the part of the petitioner. In that circumstances, petitioner could not have been transferred.;