AMARESHWAR SAHAY,J. - (1.) HEARD Mr. A.K. Sinha, learned senior counsel for the petitioner and the counsel for the respondents.
(2.) IN this writ application the petitioner has challenged the notification dated 29/05/2007, contained in Annexure -5 to the writ application, issued by the Government of Jharkhand, Department of Personnel, Administrative Reforms and Rajbhasa, Ranchi, whereby the petitioner, an Under Secretary, posted in Transport Department of the Government of Jharkhand, has been transferred as Under Secretary to the Department of Art, Culture, Sports and Youth Affairs, Government of Jharkhand. By the same notification respondent No. 4, Nepal Prasad Singh, who was posted as Under Secretary in the Forest and Environment Department has been transferred in place of the petitioner, i.e. in the Department of Transport. The main grounds for challenge of the impugned order of transfer are three folds; Firstly, that the said order of transfer has been issued without recommendation of the Establishment Committee constituted for the said purpose: Secondly, that the impugned order of transfer has been passed in contravention of the policy decision of the Government where the norms for transfer have been laid down and; Thirdly, that there is nothing on the record to show that the said impugned order of transfer was passed on any administrative exigency.
(3.) ON behalf of respondent Nos. 2 and 3 a counter affidavit has been filed. In paragraphs 8 and 9 of their counter affidavit, it has been stated that the appointing authority has paramount power to decide the transfer and posting of an employee from one department to another and that under administrative rule, the competent authority is fully empowered to make transfer and posting of an employee on the basis of the need and urgency of work and, therefore, under the special circumstances and administrative exigency transfer can be done at any time by the authority. It has further stated in the said paragraphs that the post of Under Secretary, Art, Culture and Youth Affairs fell vacant due to superannuation on 31/05/2007 and, hence, a requisition for posting of Under Secretary was received in the Department of Personnel, Administrative Reforms and Rajbhasa, Jharkhand. Ranchi and looking at the exigency of posting of an Under Secretary in the said Department, the name of the petitioner was considered fit by the competent authority, hence the petitioner has been transferred and posted in the said Department. 4.1 Respondent No. 4 has appeared through his counsel and filed a separate counter affidavit. He has also taken the same stand as has been taken by Respondent Nos. 2 and 3. He has further stated that pursuant to the order of transfer and posting he has already assumed charge of his transferred place as Under Secretary, Transport Department, Ranchi on 25/06/2007 itself and he has relinquished the charge of the Forest and Environment Department. 4.2 The learned senior counsel appearing for the petitioner has placed reliance on the decisions of Division Bench of this Court delivered on 03/05/2007 in L.P.A. Nos. 74/2007 with 114/2007, contained in Annexure -12 and also an order of the learned Single Judge passed on 27/02/2007 in WPS No. 42/2007, contained in Annexure -11 as well as the order dated 07/05/2007 passed in L.P.A. No. 170/2007, contained in Annexure -13 to the rejoinder to the counter affidavit. ;