Central Administrative Tribunal - Patna
Sunil Kumar vs Railway on 16 September, 2020
1 OA 317/2020
CENTRAL ADMINISTRATIVE TRIBUNAL
PATNA BENCH, PATNA
OA/050/00317/2020
Date of Order :16.09.2020
COR AM
HON'BLE MR. M.C.VERMA, ...... .................... JUDICIAL MEMBER HON'BLE MR. SUNIL KUMAR SINHA, ADMINISTRATIVE MEMBER Sunil Kumar, aged about 43 years (Female, son of Sri Tara Chand Singh, resident of Village-Raghunathpur, Ward No. 8, P.O.-Bhaluahi, Police Station-Nokha, District- Rohtas, Bihar, Pin Code-802215.
.......... Applicant.
- By Advocate : Shri Jitendra Kumar Singh with Shri U.K.Mishra
-Versus-
1. The Union of India through General Manager, East Central Railway, Hajipur, Vaishali, PIN-844101.
2. The Divisional Railway Manager, East Central Railway, Din Dayal Upadhyay Railway Station, Uttar Pradesh-228001.
3. The Senior Divisional Personnel Officer, East Central Railway, Din Dayal Upadhyay Railway Station, Uttar Pradesh-228001.
4. The Senior Divisional Signal and Telecom Engineer, E.C. Railway, Din Dayal Upadhyay Railway Station, Uttar Pradesh-228001.
5. The Senior Section Engineer (Signal), E.C. Railway, Dehri-on-Sone, Rohtas-
802215.
6. The Junior Engineer (Signal), E.C. Railway, Bikramganj Railway Station, Rohtas-802212.
7. Barun Kumar, Singal Interlocking Maintainer (SIM), E.C. Railway, Jakhim Railway Station, Aurangabad, Bihar-824122.
......... Respondents.
By Advocate :- Shri S.K. Ravi, ld. SC O R D E R [ORAL] Per M.C.Verma, Member (Judl.):- Heard. Instant OA has been preferred by applicant Sunil Kumar for setting aside Estt. Office Order No. 1144 of 2020 2 OA 317/2020 dated 25.08.2020 passed by Respondent no. 3, whereby applicant has been transferred from Garh Nokha Railway Station, Rohtas to KRTA. It has been pleaded that transfer order is illegal and there is no valid reason to support and fortify it and rather is with malafide intention. It has been also pleaded that against said transfer order, applicant has made representation, on 28.08.2020 but no decision yet on his representation has been taken. The matter is at notice stage hearing, advance copy of notice has been served upon respondent and Shri S.K. Ravi Advocate has appeared for the respondents.
2. Heard. Learned counsel Shri Jitendra Prasad Singh, appearing for applicant and while assailing the transfer order has urged also that atleast respondents ought to have pass order on the representation of the applicant. He also informed that applicant has not yet been relieved. He submits that applicant will be satisfied at this stage if respondents be directed to consider and decide the representation of the applicant by passing a reasoned and speaking order within time frame stipulated by this Tribunal with direction to respondent not to act upon the transfer order till such decision is taken by the respondents.
3. Learned counsel for the respondents, Shri S.K. Ravi submits that he is not aware whether any representation has or has not been received by the respondents and learned counsel for the applicant, at this stage he illustrated the copy of the representation and its receipt has been enclosed with this OA and urged that representation has been given in the office of the respondents and request has been made in the representation 3 OA 317/2020 to pass appropriate order. It has also been informed by both counsel that proper authority to take decision on the representation is respondent no. 4.
4. Having taken note of entirety it deems appropriate to dispose of this OA at this stage (stage of notice hearing) with direction to the respondents to consider and take decision on the representation of applicant as early as possible preferably within two weeks. 4. The OA is disposed of with direction to respondent no. 4 to consider and decide the representation of the applicant and to pass a reasoned and speaking order accordingly. So long decision is not taken on the representation of the applicant, no further/coercive steps to give effect to the transfer order shall be taken by the respondents.
[ Sunil Kumar Sinha ] [ M.C. Verma ]
Member (A) Member (J)
Pkl/