R.B. Singh Vs. State of Jharkhand and ors. - Court Judgment

Excerpt:

- constitution of india. articles 12 & 226: [m. karpaga vinayagam, c.j., narendra nath tiwari & d.p.singh, jj] writ petition - maintainability - whether state co-operative milk producers federation ltd., is a state within meaning of article 12 ? - held, from perusal of relevant rules of byelaws, it is clear that state government has no role to play either in policy decision for raising funds for federation or its expenditure and thus have no financial control. further there is nothing to indicate that government has any functional and administrative control over federation. state government has no role to play in matter of appointment of any of officials of federation including managing director. federation is totally independent in all respects and in no way subservient to state government in conduct of its business. federation in no way can be termed as agency of state government and does not come within meaning of article 12 of constitution. writ petitions against federation is not maintainable. .....with a copy of this order and the said engineer shall implement the notification as aforesaid within seven days thereafter.with these observations and directions, this writ petition is disposed of.'5. it is not clear as to why parmanand paswan was not allowed to join r.e.o., work sub-division, nimdih, saraikella and the notification dated 30th december, 2003 was cancelled. the matter will be looked into in the connected w.p. (s) no. 2433 of 2004. the fact that the petitioner, r.b. singh, in the meantime, has been transferred to madhupur and thereby, he has not cause of action so far as posting of any person at nimdih is concerned, the interim order of stay passed on 21st may, 2004 is vacated. the prayer as made in this case is rejected the petitioner, r.b. singh now be relieved to join the post at madhupur.6. this writ petition is dismissed. with the aforesaid observations.

Judgment:

ORDER

S.J. Mukhopadhaya, J.

1. This writ petition was filed by petitioner, R.B. Singh against the order of posting of respondent No. 5, Parmanand Paswan in R.E.O. Work Subdivision, Nimdih. Saraikella.

2. The main plea as was taken by the petitioner is that the posting order of Par-manand Paswan in R.E.O., Work Subdivision. Nimdih was cancelled by the Government vide Memo Nos. 1101 and 1102 both dated 21st February, 2004 and thereby he should go back and report to Panchaiyati Raj and N.R.E.P. (Special Division) Department.

3. Taking into consideration the aforesaid submission, this Court vide order dated 21st May, 2004 directed the State not to relieve the petitioner from the post of R.E.O., Work Sub- division, Nimdih, if he has not yet been relieved. Notice was also issued to respondent No. 5, Parmanand Paswan. who has appeared.

4. From the connected writ petition W.P. (S) No. 2433 of 2004, it appears that Parmanand Paswan was transferred and posted in R.E.O., Work Sub-division, Nimdih vide notification dated 30th December, 2003. In spite of the same, the petitioner, R.B. Singh, who was posted there, did not choose to hand over the charge to Parmanand Paswan. In the aforesaid circumstances, Parmanand Paswan had no other option but to move before this Court in V.P. (S) No. 555 of 2004. The said writ petition was disposed of by this Court on 4th February, 2004 with the following direction:

'The petitioner who has been transferred to Nimdih, Saraikella- Kharsawan on the post of Assistant Engineer in place of respondent No.6 vide notification dated 30.12.2003 has prayed for directing the respondents to implement the said notification.

The petitioner said to have been relieved on 17.1.2004 by the Deputy Development Commissioner, East Singhbhum. Jamshedpur and thereafter he submitted his joining on 20.01.2004.

The case of the petitioner is that in-spite of direction of the Executive Engineer, R.E.O., Division Saraikella-Kharsawan respondent No 6 who has posted in the transferred post is not handing over charge. From the notification aforesaid, it appears that respondent No. 6 has been transferred to N.R.E.P., Gumla.

Without going into the merits of the case of the petitioner, I direct the Chief Engineer, R.E.O., Jharkhand, Ranchi to look into the matter and see that if the notification by which the petitioner has been transferred has not been amended or modified, then the same shall be given effect to forthwith by issuing an appropriate direction in-accordance with law. The petitioner shall pursue his grievance before the Chief Engineer' along with a copy of this order and the said Engineer shall implement the notification as aforesaid within seven days thereafter.

With these observations and directions, this writ petition is disposed of.'

5. It is not clear as to why Parmanand Paswan was not allowed to join R.E.O., Work Sub-Division, Nimdih, Saraikella and the notification dated 30th December, 2003 was cancelled. The matter will be looked into in the connected W.P. (S) No. 2433 of 2004. The fact that the petitioner, R.B. Singh, in the meantime, has been transferred to Madhupur and thereby, he has not cause of action so far as posting of any person at Nimdih is concerned, the interim order of stay passed on 21st May, 2004 is vacated. The prayer as made in this case is rejected the petitioner, R.B. Singh now be relieved to join the post at Madhupur.

6. This writ petition is dismissed. with the aforesaid observations.