High Court of Punjab and HaryanaCWP/15095/2016dismissed

Gurtej Singh v. State Of Punjab And ORS

2016-07-29Mr. Justice S.P. Bangarh2 pages

Manoj Kumar 2016.08.23 09:40 I attest to the accuracy and integrity of this document CWP No.15095 of 2016 #1#

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH CWP No.15095 of 2016 Date of decision: 29.07.2016 Head Warder Gurtej Singh ....Petitioner Vs.

State of Punjab and Ors.

....Respondents CORAM: HON'BLE MR. JUSTICE JASWANT SINGH

Present:

Mr. B.S. Bhalla, Advocate for the petitioner. Jaswant Singh, J By filing the instant writ petition, the petitioner, who is working as Jail Warder, has prayed for setting aside the impugned order dated 30.06.2016 (P.1) passed by respondent No.3 whereby he has been transferred from Sub Jail Moga to the Central Jail Jalandhar at Kapurthala. The contention of learned counsel for the petitioner is that other three Warders, depicted in para 6 of the writ petition, are posted and working at Moga Jail since 2012 and 2013, whereas the petitioner joined at Moga Jail only on 28.5.2015. Despite this factual position, instead of transferring the aforesaid three Warders, respondent No.3 has transferred the petitioner from Sub Jail Moga to the Central Jail Jalandhar at Kapurthala without there being any justification. It is also contended that since the initial appointment of the petitioner i.e 25.2.1986 till the passing of the impugned order i.e 30.6.2016, the petitioner has been transferred twenty times and a complete tabulation in this respect is given in para 3 of the writ

CWP No.15095 of 2016 #2# petition.

A perusal of memo of parties reveals that the petitioner is the resident of district Moga and the details given by the petitioner in para 3 of the writ petition further reveals that the petitioner remained posted at Moga Jail on a number of times, which is as under: From Till Place 09/10/93 19/06/1997 Moga Jail 23/01/1999 29/06/2001 Moga Jail 10/07/01 13/07/2004 Moga Jail 12/07/06 18/12/2007 Moga Jail 19/02/2009 16/01/2010 Moga Jail 14/02/2011 24/10/2011 Moga Jail 28/05/2015 09/07/16 Moga Jail A perusal of the details reproduced hereinabove clearly proves that the petitioner has remained posted in Moga Jail for the maximum period of his service career, thus, this Court does not find any illegality in the impugned order dated 30.6.2016 thereby transferring the petitioner. Dismissed.

July 29, 2016 ( JASWANT SINGH ) manoj JUDGE