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2008 DIGILAW 284 (JHR)

Achyutanand Tiwary And Mahesh Prasad Singh v. State Of Jharkhand

2008-03-10

R.K.MERATHIA

body2008
ORDER R.K. Merathia, J. 1. Mr. Anil Kumar Sinha, senior counsel appearing for the petitioners in both the cases, State counsel appearing on behalf of the State of Jharkhand in both the cases and Mr. Bhanu Kumar, appearing on behalf of Md. Ainul Haque Ansari (respondent No. 6) in W.P.(S) No. 581 of 2008. 2. The petitioners grievance is that as per the order of transfer dated 18.12.2007, they joined their respective place of posting but even then the said order of transfer was cancelled and they have been again transferred by the impugned order dated 22.1.2008 which is against the judgment of Smt. Jyotsna Kumari v. State of Bihar and Ors. 2000 (2) PLJR 332 . 3. Mr. Bhanu Kumar, appearing for Md. Ainul Haque Ansari (respondent No. 6 in W.P. (S) No. 581 of 2008) submitted that the writ petitioner Mahesh Prasad Singh got himself posted in the same District of Sahebganj for about 20 years against the rules and, therefore, his order of transfer dated 18.12.2007 was rightly cancelled. He further submitted that Md. Ainul Haque Ansari has already joined the transferred post as per the order dated 22.1.2008. 4. Mr. Modi and Mr. Manjul Prasad, appearing for the State in both the writ petitions submitted that in absence of the counter-affidavit, they are not in a position to say anything in the matter. 5. It is not possible to decide the aforesaid dispute between the parties expeditiously in this writ petition involving transfer. 6. Accordingly, petitioners and also the respondent No. 6 in both the writ petitions Md. Salim Akhtar in W.P. (S) No. 569 of 2008 and Md. Ainul Haque Ansari in W.P. (S) No. 581 of 2008] will file their representations before the Principal Secretary, Department of Welfare, Government of Jharkhand, Ranchi (respondent No. 2) within ten days from today, who will look into the matter, and pass a reasoned order, in accordance with law, after hearing the concerned persons, including the petitioners and respondent No. 6 in both the cases, within four weeks from the date of receipt of such representations. It is made clear that this Court has not gone into the merits of the case. 7. Let a copy of this order be handed over to Mr. Modi, appearing in W.P. (S) No. 569 of 2008, for communicating it to respondent No. 6-Md. Salim Akhtar, immediately, through his controlling officer. It is made clear that this Court has not gone into the merits of the case. 7. Let a copy of this order be handed over to Mr. Modi, appearing in W.P. (S) No. 569 of 2008, for communicating it to respondent No. 6-Md. Salim Akhtar, immediately, through his controlling officer. With these observations and directions, both the writ petitions are disposed of. However, no costs.