Case BriefsHigh Courts

Jharkhand High Court: Ananda Sen, J. allowed the writ petition of the petitioner and quashed his transfer order.

The petitioner was working on the post of District Supply Officer, Ranchi in the year 2016. He was transferred to the post of Secretary, Regional Transport Authority, Ranchi on 20-08-2016. He joined on the said post on 24-08-2016. Within six months of his joining, he was again transferred to Pakur. On 31-01-2019, he was transferred from Pakur to Ranchi. He joined on the said post on 05-02-2019. Again on 18-02-2019, the petitioner was transferred from Ranchi to Simdega as Director, Accounts Administration & Self Employment, District Rural Development Authority, Simdega.

Learned counsel for the petitioner, P.A.S. Pati, submitted that the transfer of the petitioner in such a short span was not in consonance with the transfer policy. Atanu Banerjee, the learned counsel for the respondent, submitted that the transfer was in exigency of services and maintained that the transfer was not intended with any malice but was only done because there was a shortage of competent officers at Simdega.

The Court relying on the counter affidavit of the respondents observed that the main reason for transferring the petitioner was the direction of the Election Commission of India because of the ensuing Lok Sabha election. The Court went through the direction in question and found that it was not applicable to the concerned petitioner.

Further, the Court relied on Uttam Kujur v. State of Jharkhand, 2008 (2) JCR 306 (Jhr), which held that that where the State has laid down a transfer policy and prescribed procedure, unexplained deviation from it will render the transfer invalid and arbitrary.

In view of the above, the Court allowed the writ petition and quashed the transfer order, as contained in Memo No. 1540 dated 18-02-2019.[Manoj Kumar v. State of Jharkhand, 2019 SCC OnLine Jhar 515, decided on 16-05-2019]

Hot Off The PressNews

Supreme Court: The Court has ssued a notice to the Election Commission regarding alleged non-implementation of the top court’s past order of publishing the criminal record of candidates in newspapers. The bench Rohinton Fali Nariman and Vineet Saran, JJ sought the Election Commission’s response within a week.

The contempt petition is filed by lawyer and BJP leader, Ashwini Upadhyay. Upadhyay, in his petition, claimed that the EC had allegedly failed to enforce the Court’s earlier order of September 25, 2018 that said that it is mandatory for candidates to publish in newspapers
about the pending criminal cases against them during their filing of nomination paper during the election.

Upadhyay, in his petition, claimed that the ECI had allegedly failed to ensure the disclosure of criminal antecedents and the Central government has not made a law to debar criminals from contesting the elections.

Seven phase elections in the country will begin on April 11 and conclude on May 19. Counting of votes will take place on May 23.

(Source: ANI)


Also read:

Candidates with criminal antecedents| Parliament has exclusive jurisdiction to lay down disqualification for membership; Court cannot legislate: SC