Jammu, Aug 05: In O.A./795/2024 (JAMMU) titled PARVEZ AHMED Vs REVENUE DEPARTMENT after hearin CAT Bench orderd as under:-
The instant Original Application has been filed by the applicant being aggrieved of the impugned order No. 104-FC (Rev) of 2024 dated 15.07.2024 issued by respondent No. 4 by order of the Financial Commissioner(Revenue), J&K whereby the applicant who has been placed under suspension by Deputy Commissioner, Jammu and has been attached in the office of SDM, Jammu North by virtue of order No. DCJ(Adm)43 of 2024 dated 03.07.2024 has been further attached in the office of Deputy Commissioner, Poonch in violation of Rule 23 of Jammu and Kashmir Civil Services Decentralization and Recruitment Rules, 2010.
2. The applicant who was posted as Patwari Halqa, Gurha Manhasan, Tehsil Pargwal, District Jammu has been placed under suspension by virtue of order No. 541-Rev-Adm-18-2024 dated 03.07.2024 issued by the Deputy Commissioner, Jammu and during suspension he has been attached in the office of Sub-Divisional Magistrate, Jammu North.
The applicant had complied with the aforesaid order dated 03.07.2024 and joined in the office of SubDivisional Magistrate, Jammu North and till date the no departmental enquiry has been initiated against the applicant in terms of provisions of Jammu and Kashmir Civil Services (Classification, Control & Appeal) Rules, 1956.
3. By virtue of order impugned bearing No. 104-FC(Rev) of 2024 dated 15.07.2024 issued by respondent No. 4 by order of respondent No. 2, the applicant has been relieved from the office of SDM, Jammu North and attached in the Office of Deputy Commissioner, Poonch.
4. Since the applicant is holding the District Cadre Post in Jammu, as such he cannot be posted beyond the territorial jurisdiction of District Jammu. According to Rule 23 of 2010 Rules, a member of State, Divisional or District Cadre shall be transferable only within his own cadre and shall in no case be transferable from one Division Cadre to another Divisional Cadre or District Cadre or from one District Cadre to another District Cadre or Divisional Cadre posts.
5. In view of the above rule position the operation of impugned order No. 104-FC (Rev) of 2024 dated 15.07.2024 is stayed till the next date of hearing. However, the Government is at liberty to place the applicant anywhere within the Jammu District.
6. Issue notice to the respondents returnable by the next date of hearing.
7. Mr. Hunar Gupta, learned D.A.G. appears and accepts notice on behalf of the respondents. Respondents are directed to file reply within four weeks.
8. List on 19.09.2024.
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