JAMMU, June 4: Division Bench of the State High Court comprising Justice Tashi Rabstan and Justice Sanjay Kumar Gupta has directed the State to strictly implement the order whereby transfers and postings in the Power Development Department have been banned.
The direction was passed in an appeal filed by Vinod Kumar Gupta through Advocate Aseem Sawhney, who submitted that petitioner-appellant, who is an Executive Engineer, Electric M&RE Division, Kathua, Vide Communication No. RED/622-23 dated 15.05.2018 addressed to Assistant Executive Engineer, I/C Store Sub-Division, Kathua advised the latter to handover the charge of receipt of material and charge of issue of material to respondent No.3 after store verification.
“It is contended by counsel for the writ petitioner-appellant that bare perusal of the communication shows that as on date of issuance of Govt. Order dated 15.05.2018, impugned order of transfer had not been fully implemented inasmuch as charge of Divisional Store at Kathua had not been completely handed over to respondent No.3, as such, in terms of Govt. Order dated 15.05.2018, same would have to be kept in abeyance”, the DB observed.
“In these circumstances, case would be the one falling within the ambit of Clause-IV of Govt. Order dated 15.05.2018, which states that transfers ordered prior to this order would if not implemented be kept in abeyance”, the DB further observed, adding “even the contention of counsel for the writ petitioner-appellant that writ petitioner-appellant till date is working and discharging his duties is not controverted by other side”.
“This court is not inclined to enter upon the realm of adjudicating upon illegality of the impugned order of transfer which has been kept in abeyance vide Govt. Order dated 15.05.2018”, the DB said while directing that the State through Commissioner Secretary PDD and Development Commissioner Power to proceed strictly in terms of the Government order banning transfers and postings in the PDD.