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Judgment
S.J. Mukhopadhaya, J.—The petitioner has challenged Office Order No. 26 dated 5th May, 2005 issued by the 4th respondent, Chief Conservator of Forest-cum-Chief Wild Life Warden, Jharkhand, Ranchi, whereby and whereunder, the petitioner has been posted on deputation as Assistant Conservator of Forest in the Bhagwan Birsa Jaibik Udyan, Ormanjhi, Ranchi. It has been ordered that the petitioner will draw the salary of the post of Assistant Conservator of Forest, Wild Life Division, Ranchi, where he was posted prior to 5th May, 2005.
The main plea taken by the petitioner is that he being Assistant Conservator of Forest, a Class-II Officer, and the State of Jharkhand being the competent authority, the Chief Conservator of Forest-cum-Chief Wild Life Warden, Jharkhand, Ranchi has no jurisdiction to depute him, It is informed that one Sri Poul Soren, Assistant Conservator of Forest, who was deputed in place of the petitioner, has now been transferred and posted in the Ranchi Wild Life Forest Division vide Notification dated 31st December, 2005.
One counter affidavit and another supplementary counter affidavit have been filed by the respondents, wherein, while they have given certain grounds, it has not been disputed that the Chief Conservator of Forest cum-Chief Wild Life Warden, Jharkhand Ranchi has no jurisdiction to transfer or post or depute a Class- II Officer. From Notification No. 5029 dated 29.11.2004 (Annexure-1 to the writ petition), it appears that the petitioner, being a Class-II Gazetted Officer, was posted by the Government of the Jharkhand. The order issued by the order of Governor of Jharkhand State.
In such a situation, the impugned office order No. 26 dated 5th May, 2005 having been issued by the 4th respondent. Chief Conservator of Forest-cum-Chief Wild Life Warden, Jharkhand, Ranchi and being without jurisdiction is hereby set aside.
This writ petition is accordingly, allowed.