Excelsior Correspondent
SRINAGAR, Apr 5: Jammu and Kashmir High Court today held that the transfer order of president of Employees Joint Action Committee (EJAC), Abdul Qayoom Wani, issued by Education Department is as per the transfer policy of the department and rejected his plea.
The Division Bench of Justice B L Bhat and Justice B S Walia dismissed two LPAs of Wani challenging the judgment of writ court whereby his transfer and repatriation by Director Education was held to be cogent and reasonable.
The Court said that the writ court judgment has been passed in accordance with law and dismissed two LPAs of Wani and said there is no frailty in the reasoning recorded by the writ court while passing the judgment. “Consequently no ground is made out to warrant interference with the impugned judgment on any court whatsoever”, Division Bench said.
The order of transfer of one of the union member is not only to his extent but about 39 lecturers and masters were transferred in the interest of administration and the plea of the appellant (Wani) that his order of transfer is based on mala fides is not based on the facts, DB said.
Court also observed that it is not anybody’s case that the Government or the Director School Education were not competent to pass the orders in question with such conditions as are actually mentioned therein.
“Once these authorities have such power, ordinarily no mala fides can be read therein or attributed thereto, especially so when the same are issued in the interest of administration” court said, adding with “consequently the transfer of the two persons cited on behalf of the appellant would not constitute any material, fact or factor to establish the allegation of mala fide either against Commissioner Secretary Education or Director Education” court said
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