1. SYED SHAHID BAHAR, J. The instant writ petition filed under Article 44 of the AJ&K Interim Constitution, 1974, petitioner seeks a direction to set aside the impugned proposal dated 13.11.2023 for declaring the same as illegal, void ab-initio and against the policy and command of Constitution and to restrain the respondents from disturbing the petitioner from his present place of posting i.e. District Education Officer BS-16 in the garb of the impugned proposal.
2. At the very outset, learned counsel for the petitioner argued that the respondents want to disturb the petitioner from his present place of posting by preparing a fictitious proposal of transfer which has been initiated by respondent No.5, Speaker Legislative Assembly AJ&K, who has no concern with the affairs of Education Department. So, he requested to accept the instant writ-petition and to allow the relief claimed by the petitioner.
3. However, learned Legal Advisor appearing for Education Department submitted that no such like proposal has been processed by the Education Department and the impugned proposal has been initiated by respondent No.5 which is fictitious one. He also stated that on the basis of this proposal, the petitioner shall not be disturbed from his present place of posting.
4. Apprehensions on the basis of facsimile of an alleged proposal of irrelevant office provides no room for interference. Departmental authorities are under legal obligation to abide by the Constitutionally mandated Rules i.e. AJ&K Rules of Business, 1985, thus, they are presumed to best know their onions.
5. Argument advanced by Mr. Abdul Basit Legal Advisor for the Education Department seems weighty that proposal of Speaker transfer and posting in Education Department is not relevant. However, the competent authority is clothed with powers to transfer the petitioner as per exigencies of the department, no vested right can be claimed by the petitioner in this regard.
6. The instant writ petition is meritless, hence, the same is dismissed and consigned to record.