- (1.) The present writ petition has been preferred with a prayer for issuance of an appropriate writ, order or direction particularly a writ in the nature of certiorari for quashing the notification No. 2687 issued vide memo No. 2695 dated 30.6.2008 whereby and whereunder the petitioner has been transferred from Drinking Water & Sanitation Circle, (hereinafter referred to as D.W. & S.C.) Tenughat to D.W.& S.C., Chaibasa within a short span of less than six months from the date of his earlier transfer. The writ petitioner has also prayed to quash the notification No. 2673 issued vide same memo No. 2695 dated 30.6.2008 vide which the private respondent No. 4 was transferred and posted in place of the petitioner from D.W. & S.C, Patratu to Tenughat.
(2.) The facts, in brief, are set out as under: The petitioner was working as incharge Executive Engineer in D.W. & S.C, Government of Jharkhand, Ranchi. He was earlier transferred from D.W. & S.C, Gumla to D.W. & S.C, Ramgarh in June, 2004. The petitioner vide notification No. 2592 issued vide memo No. 1003 dated 28.6.2007 was transferred from the post of incharge Executive Engineer D.W. & S.C, Ramgarh to the post of Incharge, Technical Advisor to the Superintending Engineer in D.W. & S.C., Medini Nagar and the petitioner accordingly joined at his transferred place. The petitioner was again transferred vide notification No. 5960 issued vide memo No. 5964 dated 31.12.2007 from the post of incharge, Technical Advisor to the Superintending Engineer under D.W. & S.C, Medini Nagar to the post of Incharge, Executive Engineer, D.W. & S.C, Tenughat. Accordingly the petitioner joined the transferred place on 16.1.2008. The petitioner, thereafter has been transferred vide the impugned notification No. 2695 dated 30.06.2008 which is under challenge. This transfer order is part of a chain of several transfers.
(3.) The main contention raised by the petitioner is that the transfer was illegal because the name of the petitioner has been included in the impugned notification under challenge without the recommendation of the Establishment Committee and the same was in violation to the policy decision and the resolution dated 25.10.80 framed in accordance with the rules of Executive business which are framed in exercise of power conferred under Article 161 of the Constitution of India. The second contention raised by the petitioner is that frequent transfer is deemed to be malafide and liable to be declared as illegal, arbitrary and deserves to be quashed.;