Excelsior Correspondent
JAMMU, Sept 16: High Court today stayed the pre-mature transfer of Surinder Kumar Gupta, Incharge AEE R&B Sub-Division Kathua and directed the Secretary PWD to explain on affidavit as to what were the compelling circumstances which formed the base for posting of Subash Chander from Sub-Division PDC to Sub-Division R&B Kathua only after three months. The Secretary has further been directed to explain as to where Subash Chander has remained from the date of his promotion/transfer to PDC on June 13, 2013 till date.
According to the petition, in terms of Government Order No. 523-PW (R&B) of 2012 dated December 10, 2012, the petitioner was transferred as Incharge Assistant Executive Engineers of R&B, S/D-II Kathua and in terms of Government Order No. 319-PW (R&B) of 2013 dated September 13, 2013 he was shifted from R&B S/D Kathua to PDC against an available vacancy and in his place Subash Chander has been posted.
Senior Advocate Sunil Sethi assisted by Advocate Veenu Gupta appearing for the petitioner submitted that the order of transfer impugned in the petition has been passed on extraneous consideration which can be gathered from the earlier order passed by the Government on June 13, 2013 where under Subash Chander was transferred to PDC against the available vacancy.
They further submitted that the transfer and posting of Assistant Executive Engineers, R&B Department including respondent No. 4 were made in terms of Government Order No 197-PW(R&B) dated June 13, 2013 and only after a period of three months, the Government has issued another transfer order using words “in the interest of administration” and dislodged the petitioner.
“Prima facie, it appears that respondent No1 has ignored the policy of the Government notified in terms of Government Order No. 861-GAD of 2010 dated July 8, 2010. As per the policy, Government shall allow the employees to complete minimum period of two years”, they said, adding “respondents have violated the policy without any just and reasonable cause”.
After hearing Senior Advocate Sunil Sethi with Advocate Veenu Gupta for the petitioner, Justice A M Magrey issued notice returnable within four weeks. “In the meanwhile, subject to objections from other side and till next date of hearing before the Bench, the order impugned shall remain stayed and the petitioner shall continue as Incharge AEE, R&B, Sub-Division, Kathua”, Justice Magrey said.
Trending Now
E-Paper
Follow our WhatsApp channel