Excelsior Correspondent
JAMMU, Nov 15: In an alleged attachment of Draftsman on the behest of Deputy Chief Minister, High Court today directed Registrar Judicial to draw contempt proceedings (Robkar) against Chief Engineer Power Development Department and issue notice to him to show cause as to why he be not proceeded against for an act of the contempt of court.
While issuing directions, Justice Janak Raj Kotwal observed, “in this case it is noticed with displeasure that the official respondents in their reply have concealed the real picture and have projected a story based on untrue facts”.
“The reply has been filed by and authenticated by his sworn affidavit by the Chief Engineer Electric M&RE Wing, Jammu, Ashwani Gupta, who is the author of the impugned order. By concealing the true picture and pleading untrue facts, the Chief Engineer, besides attempting to mislead this court, has undermined the majesty of law”, High Court said, adding “the act of the Chief Engineer makes out a prima facie case of contempt of court and invites and necessitates action against him”.
This significant judgment has been passed in a petition filed by Jamit Ram Parihar, a Head Draftsman in the Power Development Department seeking quashment of order No. CEJ/Adm./366 of 2015 dated 30.12.2015 issued by the Chief Engineer, Electric M&RE, Jammu whereby the petitioner has been attached to the Direction Office Jammu from STD-I, Jammu and the private respondent, Balbir Singh Jamwal, who was awaiting adjustment, has been posted against him in STD-I.
It was submitted before the court that attachment of the petitioner has been ordered only with the purpose of adjusting the private respondent against the post held by him on the behest of the Deputy Chief Minister and attempt on the part of official respondents, in particular the officer who issued the order, to conceal the real picture and justify the attachment on a baseless ground.
“A Government servant has a right to question his transfer when it is outcome of mala fides or ulterior motive and a case for showing indulgence by the court is made out, notwithstanding that transfer is an incident of service and no Government servant has a right to remain posted at a particular place for a particular time”, High Court said.
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