Parkash Singh Sekhon vs The State of Punjab and Others

G.C. Garg and Swatanter Kumar, JJ.—The petitioner has filed this writ petition under Articles 226 and 227 of the Constitution of India and has prayed for issuance of a writ of certiorari quashing his transfer order dated 20.10.1995, Annexure P-4.

Transfer of the petitioner was sought to be justified by filing a written statement. Petitioner filed replication thereto and in para 4 thereof, he made a specific averment that he has been transferred outside his cadre. In the re-joinder filed to the replication, there is no specific denial to the averment made by the petitioner in para 4 of the replication in respect of his transfer outside the cadre. In that view of the matter, time was granted to counsel for the respondents to file an affidavit by indicating if the petitioner has been posted by way of transfer outside the cadre. An affidavit dated 29.11.1996 of Shri P.L. Kalar, Principal Chief Conservator of Forests, Punjab, Chandigarh has therefore, been filed and in paras 5 and 6 thereof, it is stated that Principal Chief Conservator of Forests is competent to place the services of the petitioner at the disposal of I.W.D.P. (Hills) against the sanctioned posts and this practice has been continuing since the very inception of the Projects. It has been further stated therein that lien of the petitioner stands with the Principal Chief Conservator of Forests who is also the punishing and appointing authority of the petitioner.

From the averments made in the above affidavit, it is quite clear that the petitioner has been transferred out of the cadre without his consent. During the course of hearing, this aspect of the matter could not be much disputed and was rather conceded. This Court in K.C. Agnihotri, Treasury Officer (Treasury and Accounts Branch,) Patiala v. State of Punjab and Anr. 1996(3) R.S.J. 850 has held that an officer cannot be posted outside the cadre by way of transfer without his consent. In that view of the matter, we have no option but to allow the writ petition. Writ petition is consequently allowed and the transfer order, Annexure P-4 whereby the petitioner has been transferred outside the cadre is quashed. There will, however, be no order as to costs.