Punjab-Haryana High Court
P.S. Negi vs Council Of Scientific And Industrial ... on 7 September, 2012
Author: Satish Kumar Mittal
Bench: Satish Kumar Mittal, Inderjit Singh
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
C.W.P. No. 17552 of 2012
DATE OF DECISION : 07.09.2012
P.S. Negi
.... PETITIONER
Versus
Council of Scientific and Industrial Research, New Delhi and others
..... RESPONDENTS
CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL
HON'BLE MR. JUSTICE INDERJIT SINGH
Present: Mr. Birender Singh Rana, Advocate,
for the petitioner.
***
SATISH KUMAR MITTAL, J.
Shri P.S. Negi, who has been working as Senior Technical Officer (I), Group-III (4) in the Central Scientific Instrument Organisation (CSIO), Chandigarh, has filed the instant writ petition for quashing the order dated 23.12.2011 (Annexure P-9) passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (hereinafter referred to as `the Tribunal'), whereby Original Application No. 623/CH/2011 filed by the petitioner for quashing the order dated 20.6.2011 (Annexure A-1) transferring him from CSIO Chandigarh to CSIO S&M Centre, Chennai, has been dismissed.
After hearing learned counsel for the petitioner and going through the impugned order and other documents as well as the transfer order, we do not find any ground to interfere with the order passed by the CWP No. 17552 of 2012 -2- Tribunal, in exercise of the writ jurisdiction of this Court.
Before the Tribunal, the petitioner had questioned his transfer order on the ground that his appointment in Planning, Monitoring & Evaluation (PME) Cell is non-transferable, and his transfer to S&M Centre, Chennai, to a post, where his duties will be entirely different, is out of his cadre. The petitioner alleged that his transfer was totally malafide exercise on the part of the respondents. The learned Tribunal, after examining the issue, came to the conclusion that the allegations of malafide are baseless. The impugned transfer order was passed on the basis of recommendation of Senior Scientists' Organisation, against whom no allegation of malafide has been levelled. It has been found that transfer of the petitioner is not out of the cadre and his post is transferable. In view of these findings, the Tribunal dismissed the Original Application of the petitioner after observing that no ground to interfere in the transfer order was made out.
Learned counsel for the petitioner, while raising similar contentions, argued that the petitioner was inducted in Group-III Technical post on the basis of his qualification in M.Com. He has been arbitrarily transferred to S&M Centre, at Chennai, where he has to work as a supporting staff.
We do not find any force in the contention of learned counsel for the petitioner. The transfer order clearly states that the petitioner is being transferred to CSIO S&M Centre, Chennai, for looking after and assisting in CWP No. 17552 of 2012 -3- matters relating to stores inventory, finance, project data management, techno-managerial support including documentation, liaison work with local administration. Therefore, it cannot be said that he has been transferred to a post where there is no work according to his status and qualification. Transfer is a matter of exigency in service and only in exceptional circumstances, transfer of an employee should be interfered in the writ jurisdiction. In the instant case, there is no such exceptional circumstance. Thus, we do not find any ground to interfere in the impugned order passed by the Tribunal, in exercise of the writ jurisdiction of this court.
No merit. Dismissed.
( SATISH KUMAR MITTAL )
JUDGE
September 07, 2012 ( INDERJIT SINGH )
ndj JUDGE