Excelsior Correspondent
JAMMU, Apr 8: Taking serious note of transfer of junior employee to higher posts, State High Court today directed Director CAPD to file an affidavit disclosing the reasons for such an order as also the policy followed in this regard.
The direction was passed in a petition filed by an employee, who challenged the frequent transfers to accommodate Farooq Ahmed and Abdul Rashid, IV Class employees to the post of Incharge Storekeeper at Food Store.
After hearing Advocate SK Shukla appearing for the petitioner, Justice B S Walia observed, “reference has been made to the order dated October 17, 2015 whereby respondent Farooq Ahmed who is class IV employee was posted as Incharge Storekeeper while the petitioner who is Senior Assistant-two steps higher than the post held by the Farooq Ahmed, was transferred from the Office of Assistant Director CAPD Doda to the post of Incharge Food Store Bhaderwah against which Farooq Ahmed was working”.
Advocate SK Shukla submitted, “the entire exercise is on extraneous consideration without the existence of there being public interest or administrative exigency involved”, adding “the frequent transfers of the petitioner are colourable exercise of powers”.
After hearing counsel for the petitioner in length, Justice Walia issued notice to the State and others and directed that the subject to objections from the order side, the petitioner shall not be shifted from the post of Storekeeper Food Store Bhagwah. The High Court also directed Director CAPD to file an affidavit disclosing the reasons on the basis of which transfer was ordered and as also the policy followed as well as the reasons for the transfers of the persons.
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