HC stays transfer of PCB officer

HC stays transfer of PCB officer

Srinagar: Jammu and Kashmir High Court has stayed transfer of Technical Officer to Regional Director Kashmir in state Pollution Control Board.
The stay order was passed by a bench of Justice Ali Mohammad Magrey on a petition by Bilal Ahmad Khan of Umarhair Buchpora here.
In his plea, Khan has said that he is substantively holding the post of Assistant Environment Engineer and is presently posted as Technical Officer to Regional Director Kashmir in the SPCB and has been transferred only after a period of 11 months as incharge Anatnag-Kulgam Division vide the an order (24-SPCB of 2014) March 1 last.
His counsel Advocate Asif Maqbool also drew the attention of the court to June 2, 2013 order (86-SPCB) by virtue of which Khan was transferred and posted as District Officer, PCB Budgam.
“Immediately after a period of 10 months, he was further transferred in terms of order (63-SPCB/2013) on April 16, 2013 as Technical Officer Regional Director SPCB, Kashmir.”
He said the chairman SPCB “without any rhyme or reason” passed the March 1 order transferring him to Anantnag-Kulgam Division.
Khan has pressed into service the policy of Government relating to transfer and postings of the employees which takes care of frequent and premature transfers of the employees.
“Subject to the objections of the other side and till next date of hearing, the operation of impugned order shall stay,” the bench headed by Justice Magrey said, directing the respondents—Commissioner Secretary Forest Department, chairman and Regional Director SPCB—to file the response within two weeks.

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