- (1.) The present writ petition has been preferred for the following reliefs: (i) For issuance of an appropriate writ(s), Order(s) and/or direction(s), particularly a writ in the nature of certiorari for quashing notification No. 4542 and 4541 dated 31.12.2008, so far as it relates to petitioner and respondent No. 4,(Annexure-2) by which the petitioner has been transferred from the post of in-charge Executive Engineer, Drinking Water and Sanitation Division, Deoghar to the post of Technical Advisor to the Superintending Engineer, Drinking Water and Sanitation Circle, Dhanbad and private respondent No. 4 has been posted in place of petitioner, without any recommendation of Establishment Committee nor any reason has been assigned for premature transfer of the petitioner either administrative or else and that too within a short span of six months, only at the instance of Departmental Minister in-charge. (ii) For issuance of an appropriate writ(s), order(s) and/or direction(s), particularly a writ in the nature of Mandamus commanding the respondents not to give effect to the said notification vide No. 4542 and 4541 dated 31.12.2008 as contained In Annexure-2. (iii) For a direction upon the respondents to produce before the Hon'ble Court the records of the Establishment for perusal of this Hon'ble Court.
(2.) The facts, in brief, are set out as under: The petitioner was in-charge Executive Engineer in Drinking Water and Sanitation Division, Government of Jharkhand. On 31.12.2007 the petitioner was transferred vide notification No. 5947 from Drinking Water and Sanitation Sub-Division, Chaibasa and posted as in-charge Executive Engineer, Drinking Water and Sanitation Division, Deoghar. The petitioner joined on the transferred post on 12.1.2008 and worked satisfactorily. Within a short span of one year in violation of Government Circular/Resolution dated 25.10.1900 and without any administrative, reason or without any recommendation of the Establishment Committee, the petitioner was transferred and private respondent No. 4 was posted in his place.
(3.) The main contention raised by the Counsel for the petitioner is that the order of transfer without recommendation of the Establishment Committee was illegal and arbitrary and unsustainable in the eyes of law. It has also been contended that transfer within a period of one year was against the Circular/Resolution dated 25.10.1980.;