Vijay Shankar Dubey vs State Of Chhattisgarh

Heard Mr. Rajesh Ranjan Sinha, learned counsel for the petitioner as well as Mr. Sandeep Dubey, learned Deputy Advocate General for the

respondents.

By this writ petition, the petitioner has challenged the order dated 14.08.2017 passed by respondent No. 2 by which the petitioner, who is an

Assistant Grade-II, was transferred from the office of Executive Engineer, PWD, Raigarh Division to the office of Executive Engineer, PWD,

Dharamjaigarh Division, Raigarh.

It appears from the order dated 14.08.2017 that one Vijay Kumar Dubey was transferred to the place of posting of the petitioner. However, the

petitioner has not made Vijay Kumar Dubey as party respondent to this proceeding.

Mr. Sinha submits that because of the interim order passed by this Court on 24.08.2017, the petitioner is continuing to discharge his duties in the

office of the Executive Engineer, PWD, Raigarh Division and that Vijay Kumar Dubey, has, in the meantime been accommodated in the office of the

Sub-Divisional Officer.

A perusal of the order dated 14.08.2017 would also go to show that a note is indicated as against the name of Vijay Kumar Dubey that it was

“at his own expenses†and that a note is given against the writ petitioner, indicating as “administrativeâ€. This is sought to be explained by Mr.

Sandeep Dubey that the transfer of Vijay Kumar Dubey had taken place on his own request as he had served for more than 4 years at the same

place of posting and that the petitioner has been transferred due to administrative exigency.

The primary ground on which the writ petition was filed is that as per clauses 1.6 and 1.7 of the transfer policy dated 11.07.2017 of the General

Administration Department of the Government of Chhattisgarh, transfer can be effected only after an employee serves at a particular place for more

than two years. It is also stated in the petition that there is no complaint against the petitioner during his entire career.

Mr. Sandeep Dubey, relying on the affidavit filed by the respondents, submits that it is not correct, as pleaded by the petitioner, that an employee

cannot be transferred before expiry of two years as clause 1.6 of the transfer policy dated 11.07.2017 was amended by notification dated 24.07.2017

by replacing the words ‘two years’ by the words ‘one year’.

Mr. Sinha has drawn the attention of the Court to clause 1.7 of the transfer policy dated 11.07.2017 to contend that clause 1.7 reiterates that

transfer cannot be effected before the expiry of two years. However, if there is any complaint, only after making a preliminary enquiry, transfer can

be made before expiry of the period of two years. Accordingly, he submits that amendment in clause 1.6 will have no bearing as the policy mandates

that no transfer shall be effected before expiry of the period of two years at a particular place of posting unless there is some complaint and a

preliminary enquiry is conducted justifying the transfer of the employee. He further submits that he had joined the place of posting on 16. 08.2016 and

before completion of one year he was sought to be transferred on 14.08.2017. It is further submitted by him that Vijay Kumar Dubey had sought for

transfer to PWD, Bridge Division, but he was transferred to the place of posting of the petitioner.

Having regard to the transfer orders, Vijay Kumar Dubey was a necessary party and in absence thereof, the writ petition could have been

dismissed as no effective order can be passed in absence of a necessary party. However, it is stated at the bar that Vijay Kumar Dubey is

accommodated in some other office and that the petitioner is still continuing in the same office from which he was sought to be transferred.

Having regard to the fact that more than 4 ½ years have gone by from the date of passing of the transfer order, the transfer order dated 14.

08.2017 had practically spent its force, more so, because of the interim order passed. In that view of the matter, the interim order dated 24. 08.2017 is

made absolute and the writ petition is, accordingly, disposed of providing that on the basis of order dated 14.08.2017, the petitioner cannot be

transferred to the office of Executive Engineer, PWD, Dharamjaigarh Division, Raigarh.

No cost.