Allowed

Sampad Kumar Mahto v. the State of Jharkhand through the Chief Secretary

Jharkhand HC3 Sept 2024WPC/5508/2023

Case brief

AI extract

What is this about?

This writ petition sought quashing of transfer orders issued to State cadre Accounts Clerks. The Court held that a subsequent notification designated the Departmental Secretary, not the Engineer-in-Chief, as the competent authority to decide transfers, rendering the impugned orders invalid.

What did the court decide?

The impugned transfer order contained in Memo No. 4190 dated 27.07.2023 is quashed. Petitioners are to be reverted back to their original places of posting within four weeks.

Sampad Kumar Mahto Vs the State of Jharkhand… — Service and Employment | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P (S) No. 5508 of 2023

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Sampad Kumar Mahto, S/o Thakur Das Mahto, R/o Mahavir Colony, Lowadih, P.O Lowadih, P.S. Chutia, District Ranchi

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Bijay Kumar Nirala, S/o Nand Kishor Thakur, Ward No. 24, Officer Colony, Nilkanthpuri, P.O, P.S & District Deoghar

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Abinash Kumar Mishra, S/o Late Surya Kant Mishra, R/o Bajrang Colony, Pokhara Tiltia, Pandit B N Jha Road, P.O, P.S & District Deoghar

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Vinod Kumar, S/o Babu Lal Sharma, R/o MI Division, P.O – Sector 12 P.S. Marafari, District Bokaro

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Md. Parwez Akhtar, S/o Md. Farooq, Bathua Bajar, P.O Bathua Bajar, P.S & District Gopalganj, Bihar

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Shashi Kant Keshri, S/o Rambriksh Keshri, R/o Near Hanuman Mandir, Lakarka Colliery No. 9, Akashkanali P.O Lakarka, P.S and District-Dhanbad ----Petitioner (s)

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Versus

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The State of Jharkhand through the Chief Secretary, Govt. of Jharkhand officiating at Project Building, H.E.C Colony, P.O & P.S. Dhurwa, District Ranchi

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The Secretary, Water Resources Department, Govt. of Jharkhand officiating at Nepal House, P.O & P.S. Doranda, District Ranchi

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The Special Secretary, Water Resources Department, Govt. of Jharkhand officiating at Nepal House, P.O & P.S. Doranda, District Ranchi

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The Engineer-in-Chief, Water Resources Department, Govt. of Jharkhand officiating at Nepal House, P.O & P.S. Doranda, District Ranchi

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The Joint Secretary, Water Resources Department, Govt. of Jharkhand officiating at Nepal House, P.O & P.S. Doranda, District Ranchi

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The Under Secretary, Water Resources Department, Govt. of Jharkhand officiating at Nepal House, P.O & P.S. Doranda, District Ranchi

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----Respondent (s)

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CORAM: Hon’ble Mr. Justice Ambuj Nath

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For the Petitioner (s): M/s Manoj Tandon, Vikas Kumar, Siddharth Ranjan, Neha Bhardwaj, Advocates For the Resp.-State: Mr. Munna Lal Yadav, S.C (L&C)-III

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--10/ 03.09.2024 Petitioners Sampad Kumar Mahto, Bijay Kumar Nirala, Abinash Kumar Mishra, Vinod Kumar, Md. Parwez Akhtar and Shashi Kant Keshri have filed this writ application for quashing of the order contained in Memo No. 4190 dated 27.07.2023 (Annexure-8), whereby and wherein, they have been transferred from the present place of posting to the places shown in the transfer order on the ground that the transfer order was against the provisions of Jharkhand Accounts Clerical Service Cadre (Recruitment, Promotion and Terms of Service) Rules, 2018.

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It is the case of the petitioners that when the transfer order was issued, petitioners were working as Senior Accounts Clerk at their respective places of posting in the Water Resources Department and by the impugned order dated 27.07.2023 (Annexure-8) issued vide Memo No. 4190, they were transferred to different places. It is further case of the petitioners that the transfer order was issued by the Engineer-in-Chief-II, Water Resources Department, Government of Jharkhand, which is against Rule-11 of the Notification dated 24.04.2018 issued vide Memo No. 1745 (Annexure-2). It is further case of the petitioners that the Secretary of the concerned Department is the controlling officer and he is the person authorized to issue transfer order of the petitioners as their service is State Cadre Service. On this ground, it was prayed that the impugned order of transfer be quashed.

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Mr. Munna Lal Yadav, learned Standing Counsel (Land and Ceiling)-III, submitted that vide Executive Order dated 24.09.2019 (Annexure-H to the counter affidavit dated 23.08.2024), power to transfer class-III and class-IV employees of Water Resources Department was delegated to the Engineer-inChief-II of the concerned Area.

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Mr. Manoj Tandon, learned counsel appearing on behalf of the petitioners, submitted that Executive Order dated 24.09.2019 has been overruled by the subsequent Notification dated 28.10.2020 (Annexure-4) issued vide Memo No. 166 issued by the Drinking Water and Sanitation Department, stating therein that (i) the Competent Authority who will take decision on the transfer and posting of Accounts Clerk of regional offices will be the Departmental Establishment Committee headed by the Secretary of the concerned Department. It was submitted that Memo No. 166 dated 28.10.2020 was issued after the power was delegated to the Engineer-in-Chief -II of Water Resources Department and as such, the order delegating power to the Engineerin-Chief-II has been superseded by the Notification dated 28.10.2020.

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Perused the relevant rules and Memos. It is apparent from the Memo No. 166 dated 28.10.2020 issued by the Drinking Water and Sanitation Department that the competent authority for transfer of Accounts Clerk is the Secretary of the Department, whereas the transfer order of the petitioner was issued by the Engineer-in-Chief-II of the concerned Area which is contrary to the provisions contained in Memo No. 166 dated 28.10.2020 (Annexure-4). Accordingly, the impugned order contained in Memo No. 4190 dated 27.07.2023 (Annexure-8),

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as far as the petitioners are concerned, is quashed. Petitioners who have already joined at the transferred place of posting will be reverted back to the places where they were working prior to the impugned order within four weeks.

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This writ application is allowed. Pending I.A., if any, stands disposed of.

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(Ambuj Nath, J)

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Sampad Kumar Mahto v. the State of Jharkhand through the Chief Secretary

Case brief

What is this about?

What did the court decide?

Sampad Kumar Mahto v. the State of Jharkhand through the Chief Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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