D.G.R. Patnaik, J. - (1.) CHALLENGE in this writ application is against the Notification contained in Memo No. 4089 dated 30.05.2008 (Annexure -6), issued under the signature of Respondent No. 6, whereby the petitioner was transferred prematurely from the post of Assistant Engineer, Rural Development Special Division, Jamshedpur to the post of Assistant Engineer, Office of Superintending Engineer, Rural Development Special Circle, Palamau.
(2.) THE petitioner has assailed the impugned order (Annexure -6) on the ground that it has been passed at the instance of the local M.L.A. (Respondent No. 7) in a most arbitrary and mala fide manner without the recommendation of the Establishment Committee and for no declared administrative reasons or in the public interest. The petitioner is an Assistant Engineer belonging to the cadre of Water Resources & Irrigation Department and was posted as Assistant Engineer, Rural Development Special Division, Jamshedpur, where he was discharging his duties since 07.09.2006. However, he was abruptly transferred from Jamshedpur, vide the impugned order.
(3.) THE grievance of the petitioner is that though he has been discharging his duties to the satisfaction of his superiors but since he could not satisfy the desire and whims of the local M.L.A. (Respondent No. 7), who is also the Chairman of the Government Assurance Committee, the said Respondent No. 7 wrote a letter dated 14.01.2008 to the Minister in -charge of the Rural Development Department for transfer of the petitioner to any other place. On this, the Minister in -charge directed the Respondent -Secretary to recall the petitioner to the Headquarters. Information was sought for by the Respondent -Department, regarding the period of the petitioner's posting and also the charges, if any, the petitioner was facing. The query was promptly responded and it was declared that the petitioner was posted since 07.09.2006 and that no charge was pending against him. After recalling the petitioner to the Headquarters, he was attached/deputed in the Office of the Chief Engineer, Rural Development Special Division, Ranchi, where he took additional charge of the said post. Despite the fact that there was no charge pending against petitioner and that he was posted at Jamshedpur recently since 07.09.2006, the petitioner was abruptly transferred from jamshedpur vide the impugned order, purportedly on administrative grounds without obtaining approval/ recommendation of the Establishment Committee. The transfer of the petitioner within 20 months of his posting, is also against the Rules of Executive Business, which have been framed in exercise of power under Article 166 of the Constitution of India.;