- (1.) The present writ petition has been preferred for the following reliefs: 1. For issuance of an appropriate writ, order or direction in the nature of certiorari for quashing the Notification No. 1/Estt. 03-1014/08-2688, Ranchi dated 30.6.2008, issued by Under Secretary to the Government, whereby and whereunder the petitioner who was working as In-charge Executive Engineer, Drinking Water and Sanitation Division, Hazaribagh has been transferred to the post of Technical Advisor of Superintending Engineer, Gumla. within a period of 6 months and without recommendation of the Establishment Committee.
(2.) For quashing the Notification No. 1/Estt. 03-1014/08-2682, Ranchi, dated 30.6.2008, issued by Under Secretary to the Government whereby and whereunder the respondent No. 4 has been transferred from Chaibasa. Drinking Water and Sanitation Circle Chaibasa to Hazaribagh. 2. The fact in brief, as stated by the learned Counsel for the petitioner, is set out as under: The petitioner was duly selected on the post of Assistant Engineer in the year 1988 and, accordingly joined the Public Health and Engineering Department of the then State of Bihar and thereafter posted at Ranchi in the Regional Chief Engineer s Office at Ranchi. Later he was promoted as Executive Engineer and posted at Drinking Water and Sanitation Division. Giridih-II. Thereafter, vide notification No. l/T 01-1003/2007 dated 28.6.2007, issued by the Under Secretary to the Government, Drinking Water and Sanitation Department. Jharkhand, petitioner was transferred to Ranchi Urban Circle, as Technical Advisor to Superintending Engineer and he joined that post and was performing his duty to the best satisfaction of all concerned. The petitioner further submits that after 6 months the petitioner was again transferred from Drinking Water and Sanitation Department, Ranchi Urban Circle, to Drinking Water and Sanitation Department. Hazaribagh vide Notification No. 1/T 01 1011/07-5956. dated 31.12.2007. The petitioner again joined the transferred place at Hazaribagh and was performing his duty when the third transfer order was issued vide Notification No. 1/Estt. 03-1014/08-2688 dated 30.6.2008, whereby, the petitioner was transferred from Drinking Water and Sanitation Division, Hazaribagh to Gumla as Technical Advisor to Superintending Engineer, Drinking Water and Sanitation Circle.
(3.) It has been submitted that vide same Notification dated 30.6.2008, which is sought to be challenged in this writ petition, one Sri K.K. Verma, respondent No. 4 herein, was transferred from Chalbasa as Technical Advisor to Superintending Engineer, Drinking Water and Sanitation Circle, Chalbasa to Hazaribagh as the successor of the petitioner. It has also been stated that vide Notification No. 1/T 01-1011/07-5957, dated 31.12.2007. which is marked as Annexure-2 to the writ petition, said Sri K.K. Verma, respondent No. 4 herein, was transferred from Hazaribagh by the Establishment Committee as the said respondent No. 4 had completed his tenure on the said post in defiance of all the Rules and Procedures and policies of the Government.;