Civil Writ Petition No. 16573 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 16573 of 2009 Date of decision:- 22.7.2011 Gurdial Singh ...Petitioner Versus State of Punjab and others ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Pankaj Maini, Advocate for the petitioner. Mr. Ram Lal Gupta, Addl.A.G. Punjab. RITU BAHRI J. By filing this writ petition the petitioner has challenged the transfer order dated 7.7.2009 (Annexure P-6) vide which he has been transferred to Phagwara Drainage Division, Jalandhar (Drainage Sub Division Nawanshahar). Thereafter, on 05.10.2009 (Annexure P-7) he has been transferred to Ghanoli Construction Sub Division, S.Y.L. Canal Project in Punjab Ropar. Counsel for the petitioner has argued that on the basis of complaint alongwith affidavit given by him, respondent No.1 conducted the inquiry (Annexure P-2) in which it was found the officials in the Drainage Department for embezzlement the fund to the tune of Rs.60,00,000/-, which was meant for construction of bridge over the Rahon creek and flood protection works. Most of the contractors were found to be relatives of the officials of Department. Some work has been allotted to black listed societies. The petitioner was placed under suspension and issued charge- Civil Writ Petition No. 16573 of 2009 -2- sheet to suppress the inquiry being conducted against the officials, who were found guilty of embezzlement in the canal drainage work. Petitioner was placed under suspension on 13.10.2005. He was issued charge-sheet on 8.11.2005, which was challenged by him in Writ Petition No.19705 of 2001. Vide order dated 26.3.2009 his writ was partly allowed by holding that there was no specific allegation of taking money and there was no such charge against the petitioner (Annexure P-4). Vide order dated 29.9.2008 (Annexure P-5) respondents had cancelled the transfer order of the petitioner whereby petitioner was transferred from Phagwara Drainage Division to Bist Doab Division, Jalandhar. Subsequently, thereafter on 7.7.2009 on the request made by the petitioner he was transferred to Sub Division Nawanshahar vide order dated 07.7.2009 (Annexure P-6). Subsequently, vide order dated 05.10.2009 on the basis of some complaint petitioner has been transferred from Phagwara Drainage Division to SYL Canal Project, Ropar. In reply, during the pendency of this writ petition the petitioner has been transferred vide order dated 1.9.2010 (Annexure P-13) at Ranjit Sagar Dam from Phagwara Drainage Division Jalandhar. The petitioner has since joined at the Ranjit Sagar Dam. Mr. Ram Lal Gupta, Addl.A.G. Punjab has argued that vide order dated 19.7.2010 interim stay granted to the petitioner, was vacated. The transfer orders dated 1.9.2010 (Annexure P-13) have been made on the basis of complaint. The petitioner has been relieved from Phagwara Drainage Division w.e.f. 1.11.2010 and he has already joined there. As far as the transfer orders dated 22.7.2011, which were made on his request, they were cancelled on 29.7.2010 (Annexure P-12) and they were never implemented. Mr. Ram Lal Gupta, Addl.A.G. Punjab has justified this order on the ground that in view of the complaints it was not desirable to keep him posted at Phagwara Drainage Division, Jalandhar. The transfer has been made on administrative grounds. Civil Writ Petition No. 16573 of 2009 -3- The writ petition is dismissed. July 22, 2011 ( RITU BAHRI ) Vijay Asija JUDGE