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HC stays transfer of Tehsildar

Excelsior Correspondent
Srinagar, Jan 31: High Court today stayed transfer of Tehsildar South Srinagar.
A Division Bench of High Court comprising Justice Muzaffar Hussain Attar and Tashi Rebastan while staying the transfer order said the “issue is of fundamental importance and would require to be considered having far reaching impact on the services of the employees of the State Government”.
The Revenue Department had ordered transfer of Tehsildar South Srinagar, Riyaz Ahmad Shah, and other officers earlier this month.
Shah had challenged the order in the court which was dismissed by a Single Bench.
Aggrieved, he challenged both the orders before the Division Bench through his counsel Advocate B A Bahsir.
Advocate Bashir today argued before the DB that land mafia had ganged up with the Government to transfer Shah because he has retrieved 60 kanals of Government land grabbed by the mafia.
Besides refereeing to Supreme Court judgments, the counsel referred to the transfer policy of the Government, saying that Rule 27 of JK Civil Service 1956 of the policy has notified that authorities do not transfer an employee form one place to another on their whims and caprice.
The DB, after hearing the counsel of Shah, said that “issues raised at bar prima facie would show that the matter would require to be adjudicated upon. The issue raised about Transfer Policy has to be considered in all forms. The issue is of fundamental importance and would require to be considered having far reaching impact on the services of the employees of the State Government. It becomes further significant to look into the aspect in light of Supreme Court judgment.”

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