Petitioner, an adhoc junior engineer with PSPCL, challenged a temporary transfer order via a writ petition. The court noted the transfer followed a complaint-based inquiry, accepted that transfer is an incidence of service, and upheld the order due to the petitioner's long tenure elsewhere.
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CWP 14303/2017
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CWP 14303/2017 Date of decision:31.10.2018
Charandeep Singh Sandhu
..............Petitioner
v.
Chairman-cum-M.D.,PSPCL Patiala and others
..............Respondents
Coram: Hon'ble Mr.Justice Jaswant Singh
Present:Charandeep Singh Sandhu,petitioner in person. Mr.Anhad S.Miglani,Advocate for Mr.Abhilaksh Grover,Advocate for respondents.
Jaswant Singh,J,(Oral).
The petitioner is working as Adhoc Junior Engineer while serving as a Lineman with PSPCL.
By filing the present writ petition he has challenged the order dated 23.6.2017 (P-6) whereby he has been temporarily transferred from Civil Line Sub Division Jalandhar under West Division Jalandhar to the disposal of Deputy Chief Engineer/Operation Circle Nawanshehar.
This Court while issuing notice of motion vide order dated 5.7.2017 had stayed the operation of the transfer order P-6 till the next date of hearing.
Petitioner in person and counsel for the respondents heard at length.
It is conceded that the petitioner has remained posted at Sub Division Jalandhar (from where he has been transferred to Nawanshehar) for the last more than 5 years. Even otherwise, transfer is based on a
RAJINDER PARSHAD JOSHI 2018.10.31 17:52 I attest to the accuracy and integrity of this document
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CWP 14303/2017
complaint made by an Advocate qua which a fact finding enquiry was initiated. It is well settled that transfer is an incidence and not condition of service. It is also conceded that the petitioner is holding a post qua which his liability is to serve at any place in the State of Punjab.
Keeping in view the long tenure at previous place of posting, transfer order dated 23.6.2017 (P-6) is fully justified.
Dismissed.
| 31.10.2018 | (Ja | swant Singh) | |
|---|---|---|---|
| joshi | Judge | ||
| Whether | Yes/No | ||
| Speaking/reasoned | |||
| Whether Reportable | Yes/No |
RAJINDER PARSHAD JOSHI 2018.10.31 17:52 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether the transfer of an adhoc junior engineer from Civil Line Sub Division Jalandhar to Nawanshehar is sustainable having regard to his long tenure at the previous posting.
Charandeep Singh Sandhu
Chairman-cum-M.D., PSPCL Patiala
Jaswant Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
