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news details
HC stays transfer of official, directs relook into order as per norms
12/13/2017 10:23:17 PM
Early Times Report
JAMMU, Dec 13: A Single Bench of Jammu and Kashmir High Court comprising of Justice Ramalingham Sudhakar today stayed the order of transfer of the petitioner from CEO Office Rajouri to DIET Reasi.
The petitioner through instant writ of Certiorari had sought quashing of the Order No.1919-DSEJ of 2017 dated 7th Dec., 2017 whereby the petitioner had been transferred from the office of Chief Education Officer, Rajouri and has been posted at District Institute of Education and Training (DIET) Reasi.
Counsel for the petitioner referred to Rule-23 of the Jammu and Kashmir Civil Services Decentralization and Recruitment Rules, 2010, according to which A member of the State, Divisional or District Cadre shall be transferable only within his own cadre and shall in no case be transferable from one Divisional cadre to another Divisional cadre or District cadre, or from one District cadre to another District cadre or Divisional cadre post.
Counsel contended that in this case, the petitioner is substantively holding the post of Senior Assistant and working in the office of respondent No.3. The Respondent No.2 by impugned order No.1919-DSEJ of 2017 dated 07.12.2017 transferred the petitioner from CEO Rajouri and posted at DIET Reasi and therefore, he pleads that he should only be transferred intra District and not to inter District, namely Reasi.
However, Justice Ramalingham Sudhakar after taking note of the above said provisions which should have been considered by the authority held that the Court is of the view that the authority should relook into the transfer order in light of the provisions mentioned above and take further decision on the plea of the petitioner and communicated the same to the petitioner, so that if the petitioner is still aggrieved, he can work out his remedy.
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