Full Judgment
M.Y. Eqbal, J.
1. In this writ application, the petitioner has prayed for issuance of an appropriate writ directing the respondent No. 2, Deputy Commissioner, Dhanbad to accept the joining report of the petitioner and further to direct respondent No. 3 to hand over charge of the post of Circle Officer, Dhanbad to the petitioner.
2. Petitioner's case, in brief, is that by notification dated 30-6-98, the petitioner amongst others, was transferred from Namkum Anchal to Dhanbad Anchal on the post of Circle Officer (Anchal Adhikari). By another notification dated 30-6-98 respondent No. 3 was transferred from Dhanbad Anchal to Areraj Anchal. Copies of the notifications have been annexed as Annexures 1 and 2 to the writ application. It is stated that pursuant to the aforesaid notification the petitioner was relieved by the District Establishment Deputy Collector from Namkum Anchal in order to enable him to join at Dhanbad. Accordingly on 16-7-98, the petitioner handed over charge to the Circle Officer who had been posted in his place at Namkum Anchal. Immediately thereafter on 8-7-98 the petitioner submitted his joining report before respondent No. 2, Deputy Commissioner, Dhanbad but he was not allowed to join.
On the other hand, the case of respondent No. 2 in the counter-affidavit is that by notification dated 30-6-98 the petitioner was not transferred rather by this notification the services of the officers were bestowed upon Jharkhand Area Autonomous Council (shortly JAAC) for their posting at various circles. As a matter of fact, by that notification the services of the officers concerned were placed under JAAC is accordance with the provisions of Jharkhand Area Autonomous Council Act and there was merely a recommendation by the Revenue Department for placing them in suitable places. It is stated that respondent No, 3 was akeady posted as Circle Officer, Gamarhia prior to 23-6-98 fide notification dated 18-7-97. Subsequently, by notification dated 23-6-98 issued under Section 32(2) of the aforesaid Act respondent No. 3 was transferred from Gamharia to West Singhbhum to join as Circle Officer, Dhanbad within Dhanbad district. Respondent No. 3, in compliance of the said notification, joined in his place of posting at Dhanbad on 24-6-98. According to respondent No. 2 the joining of respondent No. 3 as Circle Officer, Dhanbad was according to official procedure which was reported to the Finance Department, Government of Bihar and the Finance Department issued pay slip to respondent No. 3 vide memo No. 763 dated 30-6-98. Respondent No. 3 also appeared and filed counter-affidavit stating the same facts which have been stated in the counter-affidavit filed by respondent No. 2.
3. I have heard Mr. A.K. Sahani, learned Counsel for the petitioner, G.P. 1 appearing for the State and Mr. A.K. Sinha, learned Sr. Counsel appearing for respondent No. 3.
4. The entire case of the petitioner is based on the notification dated 30-6-98 (Annexure 1) by which he claims to have been transferred from Namkum Anchal to Dhanbad Anchal. From a perusal of Annexure 1, it transpires that by this notification the services of about 31 officers including the petitioner was placed under JAAC for the purposes of transfer and posting at the recommended places against vacant posts. It appears that while issuing the notification the Government of Bihar was not aware that the JAAC had already issued notification dated 23-6-98 transferring respondent No. 3 to Dhanbad as Circle Officer. The petitioner has not challenged this notification dated 23-4-98 which is Annexure R 3/B of the counter-affidavit. It further appears that the JAAC in its meeting dated 17-9-98 further reviewed the entire matter and confirmed the posting and joining of respondent No. 3 as Circle Officer, Dhanbad. It also appears that the Revenue and Land reforms Department, Government of Bihar subsequently issued another notification dated 31-12-98 by which the transfer and posting of respondent No. 3 was confirmed and the petitioner has been transferred and posted as Circle Officer, Patratu in the district of Hazaribagh.
5. Having regard to the facts and circumstances of the case, I am of the opinion that the petitioner is not entitled to any relief on the basis of Annexure 1 to the writ application, rather, the petitioner should submit his joining as Circle Officer in Patratu Anchal in the district of Hazaribagh. This writ application is, therefore, dismissed.