Central Administrative Tribunal - Madras
C Parmeswaran vs M/O Railways on 14 February, 2024
fi? 1 CHENNAI BENCH 0A/310/00108/2024 Dated this Wednesday the 14" day of February, Two Thousand Twenty Four CORAM: HON'BLE MR M. SWAMINATHAN JUDICIAL MEMBER C.Parameswaran, S/o.Late.8.Chandran, Senior Auditor, ICF furnishing, Chennai. No.6/191, Kaviyarasu Kannadasan Nagar, Kodungaiyur, Chennai -600 118. By Advocate M/s. B. Kalarani 1.Union of India represented by. The Senior Audit Officer (Admn), Office of the Director General of Audit, 2" Floor, Southern Railway, Park Town, Chennai -- 600 003. 2. The Director General of Audit, Eastern Railway, New Koilaghat Building, 5" Floor, 14, Strand Road, Kolkata -- 700 001. 3. The Principal Financial Advisor, E.N.G., Southern Railway, Park Town, Chennai -- 600 003. " 4, The Director, WST, Office of the Director General of Audit, 2" Floor, Southern Railway, New Joint Office, Ayanavaram, Chennai. OA No.310/00108 2024 CENTRAL ADMINISTRATIVE TRIBUNAL Im) 2 | OA No.310/00108 /2024 5. The Secretary to Director General of Audit, 2°! Floor, Southern Railway, Park Town, Chennai -- 600 003. 6. The Senior Audit Officer, Office of the Director General of Audit, Ist Floor, ICF Furnishing, Chennai -- 600 038. 7. The Senior Audit Officer, Office of the Director General of Audit, 1* Floor, ICF Shell, Chennai -- 600 038. 8. The Senior Audit Officer, Office of the Director General of Audit, 8th Floor, Traffic Audit, Southern Railway. Moore Market Complex, Chennai -- 600 003. 9. The Senior Audit Officer, Office of the Director General of Audit, 2" Floor, IT Audit Cell, Southern Railway. Park Town, Chennai -- 600 003. 10. The Senior Personal Secretary to Direct General of Audit, 2 Floor, Southern Railway, Park Town, Chennai -- 600 003. 11. The Director Administration, f Office of the Director General of Audit, 21 Floor, Southern Railway, Park Town, Chennai -- 600 003. wes Respondents By Advocate Mr. M. Kishore Kumar SPC 3 OA No.310/00108 /2024 ORAL ORDER
(Pronounced by The Hon'ble Mr. M. Swaminathan, Judicial Member)_ meee ee The applicant has filed the OA under Section 19 of the Administrative Tribunals Act, 1985 seeking the following relief:-
"a. to call for the records relating to the impugned order of the first respondent vide.No.SAA.32/T&P/Vol- V/2016 dated 08.01.2024 and quash the same as highly illegal, Violation of Article 14 and 16 of the Constitution of India and Violative doctrine of equality.
b. to direct the respondents to permit the applicant to work in the same designation of Senior Auditor at Furnishing Department 1.C.F, Chennai otherwise at Head Quarters, Southern Railway, Park Town, Chennai -- 600 003 till his retirement without affecting his monthly salary and other retirement benefits and family pension,
2. Brief facts of the case are as under:
The applicant submits that he was appointed as Peon (Group D) in the Southern Railway on 23.09.1987. On 02.01.1996, the applicant was promoted as a Clerk. After nine years, the applicant was promoted as an Auditor. On 02.01.2006, the applicant was promoted as Senior Avditor and was transferred to Palghat, Kerala. Then "he" wa8 teatisforred to Southem Railway, Egmore, Chennai and on 03.08.2023, again the applicant was transferred to LC.F. Fumishing Department in the same designation. The applicant further submits that on the Assistant Supervisor exam conducted by the Director/Admn., the applicant participated and came out successful in the examination in the year 2021. However, till date, the Director of Administration did not give promotion to the post of 4 OA No.310/00108 /2024 Assistant Supervisor to the applicant. On 08.01.2024, the applicant was transferred to ICE/Shell with the remarks " SrAudit Officer/ICF Sheel _ is directed to monitor and report upon the behaviour of Sri.C.Parameswaran, Sr.Ar, as his transfer has been effected in view of the discomfort/inconvenience being caused by him to other staff'. Against the said transfer order, the applicant made a representation dated 10.01.2024 (Annexure A-7}, which has not been evoked any response. Hence, the present OA.
3. Heard M/s. B. Kalarani, the learned counsel for the applicant and Mr. M.Kishore Kumar, SPC, who appeared and takes notice for the respondents. He also pleaded time for filing reply.
4, The learned counsel for applicant submits that the impugned transfer order dated 08.01.2024 (Annexure A.6) issued by the 1* responderit is highly illegal and violative of Article 14 and 16 of the Constitution. The learned counsel further submits that there is no allegations against the applicant nor any reason was stated in the impugned transfer order. The learned counsel took objection to the rider mentioned in the order to the effect that " Directed the Senior Audit Officer/Shell to monitor/report upon the applicant's behaviour as his transfer has been effected in view of the discomfort/inconvenience being (3 5 OA No.310/00108 /2024 caused by the applicant to other staff'. It is also her contention that there.
is no evidence proved by the respondents for such vague allegation mentioned in the impugned transfer order, against the applicant. The representation dated 10.01.2024 (Annexure A-7) made by the applicant against the said transfer order has not been answered. Hence, she urged | for the interim stay of the transfer order dated 08.01.2024. --
5. Per contra the learned counsel for the respondents vehemently argued that this Tribunal should not interfere in the transfer order which has been made in the administrative exigencies. The learned counsel also strongly opposed for the grant of interim stay of the transfer order as claimed by the learned counsel for the applicant, e
6. Be that as it may be, without entering into merits of the case, it will be sufficient to direct the 1* respondent to consider the representation dated 10.01.2024 (Annexure A-7) filed by the applicant, in an objective manner and pass an appropriate speaking order, in accordance with law and rules, within a period 3 weeks from the date of receipt of a copy of this order. In order to meet the ends of justice, till such time, the impugned transfer order dated 08.01.2024 shall be kept in abeyance.
C/ ee ee
7. stage.
6 OA No.310/00108 /2024_ With the above directions, the OA is disposed of at the admission ~