Central Administrative Tribunal - Mumbai
Ganesh Namdeorao Thorat vs Dep Of Culture on 29 April, 2024
1 OA No.36/2024 CENTRAL ADMINISTRATIVE TRIBUNAL, MUMBAI BENCH, CAMP AT NAGPUR ORIGINAL APPLICATION No. 36 OF 2024 Dated this Monday, the 29th day of April, 2024 CORAM : SHRI RAJINDER KASHYAP, MEMBER (ADMINISTRATIVE) Ganesh S/o. Namdeorao Thorat, aged about 59 years, Occupation : Service, R/o.14/49, Akshat Apartment, Opposite NIT Garden, Trimurti Nagar, Ring Road, Nagpur. Mobile No. 9422807514. ~ Applicant (By Advocate Mr. S.S. Ghate) VERSUS 1. The Government of India, through its Secretary, Ministry of Culture, Shastri Bhavan, C-Wing, New Delhi- 110 00. 2. The South Central Zone Cultural Centre, Civil Lines, Nagpur 440 001, through In-charge Director. 3. Shri Ganpat S. Prajapati, aged about : Major, Occupation : Service, Residing C/o. Shilpgram, Khajuraho (Madhya Pradesh)- 471606. ~ Respondents (By Advocate Mr. Bhaskar D. Pandit) Reserved on 19.03.2024 Pronounced on 29.04.2024 Page 1 of 29 2 OA No.36/2024 ORDER
In the present OA, the applicant is questioning the legality, propriety of the impugned orders dated 28° December, 2023 (Annexures A-1, A-2 & A-3) passed by respondent no. 2. The following relief has been sought by the applicant:-
"8. Reliefs Sought for:
It is, therefore, prayed that this Hon'ble Tribunal may be pleased to:
i) call for record and proceedings in the matter of transfer orders Nos. 672, 673 and 674, dated 28/12/2023, (Annexure A-1, A-2 & A-3); , ii} by an appropriate directions, hold and declare that the impugned transfer order Nos.672, 673 and 674, dated 28/12/2023 (Annexure A-1, A-2 & A-3) are quashed and set aside;
iii) allow the application by saddling the costs upon the respondents;
iv) Allow the application by any other suitable directions deemed fit and proper in favour of the applicant."
2. Facts in brief in this matter are that the applicant was appointed to the post of Senior Assistant on 17-08-1998 in The South Central Zone Cultural Centre (SCZCC), Civil Lines, Nagpur- 440 001. Applicant was Page 2 of 29 3 OA No.36/2024 promoted to the post of Admin and Accounts Officer on 21-09-2021 and was discharging the duties of accounting and administrative work in the above mentioned Cultural Centre at Nagpur. Respondent no. 2 has joined as In-Charge Director. The applicant states that he was due for promotion in the month of September, 2023 and the proposal to that effect was under process with the respondent no. 2. The applicant further contends that he is due for superannuation on 30-04-2025. The applicant has stated the respondent No.2 who has recently joined as In- charge-Director w.e.f. 20/11/2023 had frequently picked up the quarrels with the applicant by his own notions. In short, it is the case of the applicant that the relations between the applicant and respondent No.2 were strained. He further submits that the nature of work which the applicant required to undertake was to interact with the various | contractors who are engaged for maintenance of the premises of respondent No.2. So also, various politicians who are visiting the office of the respondent No.2 for the activities which they intend to conduct in the premises of the respondent No.2. Applicant also states that according to the ailegation of the respondent No.2, the applicant was ada Page 3 of 29 4 OA No.36/2024 Prone to favour such contractors and politicians with the expected consideration. He states that time and again it has been explained to the respondent No.2 that no such transactions have ever taken place as the applicant himself is responsible for the administration and accounts. Hence, the audits are being conducted which found no deficiency. If the applicant could have favour to a particular contractor or a politician, there would have been complaints from the other parties. It was categorically stated that no complaint till date is made against the applicant and service record of the applicant is Spotless. The applicant Was never subjected to any memo, charge sheet or departmental enquiry. He further Says that his job is non-transferable. Applicant states that the respondent No.2 in its all malice in law has issued the order of transfer dated 28/12/2023 vide order No.672. On the same day, there is another office order bearing No.673 by which one Mr. Ganpat Prajapati has been Posted in place of the applicant and another order bearing No.674 was issued by which the working premises of the applicant was locked and sealed and it was directed that it shall not be opened unless express permission of respondent No.2 js sought. (These Page 4 of 29 5 OA No.36/2024 three orders are annexed at 'A-1', 'A-2' & 'A-3') and the same are challenged in the instant original application. Applicant states that the Government of India has framed policy about transfer vide office memorandum dated 21/10/2014. A copy of which is annexed herewith as ANNEXURE-A-5. He further states that his daughter is getting married on 14/02/2024 and his father is hospitalized in Critical Care Hospital due to various ailments and old age.
3. The applicant states that the impugned orders and the language employed therein is itself explanatory to reveal that it was issued with the malafide intention and therefore, the impugned orders cannot stand to the test of law. He says that it is an admitted position of law by the catena of judgments that in the event if transfer is not a condition of service reflected in the order of appointment, in such situation, issuance of transfer order is beyond jurisdiction and authority of the respondent No.2, hence, liable to be set aside. The place of transfer i.e. Shilp Gram, Khajuraho (M.P.) is not a parallel establishment of respondent No.2 and there is no post equivalent to the post which the applicant is occupying at Nagpur. The reason of transfer is given as to
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Page 5 of 29 6 OA No.36/2024improve the activities and to save the State Government take over, however, the experience of applicant is in handling the administration and accounts related work. Therefore, it is apparent that the applicant was not at all eligible to be appointed nor did there is a post available where the applicant can be recommended to be posted. But, to kick off the applicant from the office of respondent No.2 the respondent No.2 who has no authority in law while acting as an In-charge Director, has issued the impugned orders. Hence, liable to be set aside. Applicant states that he was on official duty in the office of respondent No.1 from 26/12/2023 to 29/12/2023 when he was transferred at Shilogram Khajuraho (MP). He says that the respondent No.3, to the knowledge of the applicant is working as Assistant in the office of Shilpgram Khajuraho (MP}. By the impugned order he has been posted in place of the applicant and the applicant has been posted as Assistant which was the post occupied by respondent No.3. Therefore, it is apparent that though the applicant's pay might have been protected the nature of duties and designation is altogether changed, which is nothing but the colourable exercise of powers exercised by respondent No.2 which is Page 6 of 29 7 OA No.36/2024 never available for it. Hence, the impugned order is vitiated on factual aspect also. Pursuant to the policy decision of the Government of India, the applicant could not have been transferred when he is due for retirement within 14 months from today. As per the clause (iii) (a) of the Policy for Transfer, framed by the Government of India, the same reads as under:
"(iii}(a) Officers of all grades within two years of superannuation will be exempted from rotational transfers."
3.(a}) The applicant makes a categorical statement that the applicant and its companion employees / officers are never transferred to any other place as they were appointed for Nagpur oniy. Therefore, neither there was any transfer nor anybody was brought at Nagpur except to the post of Director or Deputy Director. it is in this background the transfer being not a condition of service the respondent No.2 could not have undertaken the exercise which is not within the framework of Rules. Hence, the impugned orders are without jurisdiction and correspondingly which finds no place in the order of appointment. He submits that the respondent No.2 ought not to have picked up the Page 7 of 29 8 OA No.36/2024 name of the applicant for such posting. He says that it is pertinent to note that the Order No.673 speaks that the applicant is transferred immediately for revival of the activities at a place of transfer and he was directed to join w.e.f. 01/01/2024. The headquarters of the applicant was also changed and for leaving the Headquarter Khajuraho the applicant was directed to seek Permission from the respondent No.2. Applicant states that while passing the order No.674, dated 28/12/2023, it has been observed that the applicant stood relieved itself on 28/12/2023 when the applicant was officially on duty till 29/12/2023 at New Delhi in the office of Ministry of Culture to settle the bills of Rashtriya Sanskruti Mahostav Mumbai. The order further States that whenever the applicant shall complete deputation at Delhi, a separate procedure shall be laid down for handing over and taking over the charge and he shall not be permitted to touch any file, voucher and computer system. He states that his office has been sealed by the respondent No.2. Therefore, it is crystal clear that such a harsh discriminatory treatment is extended to the applicant. it is apparent that the orders impugned and the language employed therein is self-
Page 8 of 29 9 OA No.36/2024explanatory to indicate that it is a mala fide intention and it is a pre- judged act behind the back of the applicant. The applicant states that he is holding a super class-ll Post if his services are to be transferred then at least prior consent is required to be sought, Having knowledge about the fact that the applicant was not available at Nagpur at such contingency transfer, relieving and sealing of the premises is very shocking to the applicant and picking up quarrel with the subordinate staff at this level is unsustainable screening from any angle. He says that the entire office at Nagpur and the respondent No.2 was well aware about the fact that the daughter of the applicant is getting married on 24/02/2024 at Jammu and his father is unwell and is in ICU. In such scenario the respondent No.2 has deliberately selected the name of the applicant which is not only inhumane but contrary to the settled principles of law. Hence, the impugned orders do not stand to the text of law. The applicant submits that when he returned back from New Delhi, he saw the WhatsApp message wherein the impugned orders were sent to the applicant. It is submitted that the applicant till date has not been received with the hard copy of the impugned orders. It is a
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Page 9 of 29 LO OA No.36/2024submitted that since then the applicant sought leave due to critical health of his father and hence, he is on leave as on today. The applicant has not been relieved. The respondent No.3 is also reported to have neither relieved nor joined the place of the applicant. In view of aforesaid, the applicant has made out an exceptional strong prima-facie case for grant of interim relief, as prayed for.
4. Respondents have filed reply on 12" February, 2024 contending therein that the Director (respondent no. 2) has powers of transferring employees and in the past he had transferred employees of Nagpur to Khajuraho. They submit that SCZCC is registered under Bombay Public Trust Act 1950, before the Hon'ble Charity Commissioner Nagpur. tt is controlled by the Executive Board and Board of Governors which comprise the members from different fields of participating States |.e. Andhra Pradesh, Madhya Pradesh, Maharashtra, Karnataka, Chhattisgarh, and Telangana. (Centre's Registration certificate). They submit that as per Memorandum of Association of SCZCC has to frame programs for the preservation and strengthening of the endangered and rare art forms through cultural yatras, festivals etc. in rural and o Page 10 of 29 li OA No.36/2024 mofussil areas of the member states. They further submits that SCZCC office at Nagpur is a head office for six member states. The office have it's active branch offices as Shilpgram at Khajuraho in M.P. and at Raipur in Chhattisgarh. All these offices run parallel activities of art and culture.
5. The averments regarding promotion of the applicant are not relevant with respect to the subject matter of the present original application. The respondents deny the submissions made by the applicant as being false except the joining of respondent no. 2. They further state that the applicant behaved rudely in the staff meetings, put adverse remarks in the file against the decision taken by Director to engage Government Agency instead of private agency. They further mention that the applicant is responsible for serious lapses and mis- conduct which can be revealed from the CAG reports and CBI reports. The applicant was to obtain CAG Audit Reports wherein regular serious audit objections were raised by CAG. There are several complaints received from artists against the applicant. It is also denied that his service record is spotless as several Memos were issued to him from time to time. Applicant found guilty as per CBI Report, no action taken "
Page 11 of 29 12 OA No.36/2024_till date. The respondents state that the job of the applicant is transferrable and due to administrative exigencies, he was transferred from Nagpur to Khajuraho. Respondents further submit that applicant has been transferred in the interest of the Centre and Director js empowered to transfer officials of Zone Cultural Centres as per rules. He further submits that, the office order No. SCZCC/ADM/1672/2023-24 DT. 27-12-2023 states that it is regretfully noted that the activities of Shilpgram Khajuraho, M.P. are insignificant, and SCZCC has to improve the activities to save from the State government taking over it. It is also observed that the funds allotted for the activities of Shilparam, Khajuraho, (M.P.) are unjustifiably meagre. Hence, a senior and more experienced regular official at a higher rank js required there. Accordingly, it has been decided to assign Mr. G. N. Thorat, AAO, the charge of Shilpgram Khajuraho until further orders to do the needful there, and he is relieved from his present duties as of the closure of office on Dec. 27th, 2023.
6. They further submit that as on today Sh. Prajapati's pay scale is Rs.4000-100-6000 with grade pay of Rs. 4200/-, Shri Prajapati and Shri
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Page 12 of 29 13 OA No.36/2024Thorat both on same scale, Respondent no. 3 is incharge Shilpgram Khajuraho since 25 years. He alone looked after administration /accounts/ and programs activities independently. They submit that applicant is not replaced by respondent no 3. The order states that "to compensate for the staff requirement at the HQ, it has also been decided to transfer Mr G.S. Prajapati to the HQ, w.e.f. December 27, 2023. They further mention that an Assistant Administrative Officer is not substituted with a Clerk-Typist as alleged in the original application. They submit that these arrangement were as per the provisions of the Service Rules of Zonal Cultural Centres and Corpus fund of the Centre includes share from state governments not only GOI. Every year and GOI releases grants to conduct programs only. Respondents further submit that respondent no. 2 has authority to transfer the applicant in the interest of the organization. Therefore, the order is just and correct,
7. They further submit that respondent no. 2 being society has its own service rules and transfer rules. They reiterate that the transfer is a condition of service and submit that the Order of transfer is self-
speaking. It is issued in the interest of the cultural center Nagpur
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Page 13 of 29 14 OA No.36/2024entirely. The applicant was accordingly relieved on 28/12/2023 which is an admitted position. No harsh and discriminatory treatment is extended as alleged by the applicant. According to respondents, no prior consent is required before transferring the employee and there is no deliberate action on the part of the respondent no.2. It is further submitted that there is no violation of settled principles of law by the respondent no.2 and it is an admitted position that the applicant is relieved in pursuance to the Order of transfer. It is also an admitted position that the applicant is on leave continuously. Respondents submit that the applicant is not entitled for any of the relief prayed for by way of instant original application as that in various Judgment/Orders Hon'ble Courts and Tribunals affix courts that the transfer is a prerogative of the administration to ensure efficient and effective administration. Transfer is an exigency of service and is an administrate decision. It is a condition of service. It is entirely for employer to decide when, where and what point of time a public servant is transferred from his present posting and Ordinarily the court have no jurisdiction to interfere the order of transfer.The scope of et Page 14 of 29 15 OA No.36/2024 judicial review of transfer is very limited. It is the duty of an employees to first report at the place of work where his transfer and make representation as to what may be his personal problems. Respondents deny each and every statement, emotions, submissions, allegations and / or averments made in the Original Application is seriatim as also the Statement which are contrary to and / or inconsistent with the record of the case, save and except what is expressly and specifically admitted hereinafter, any omission to deny any of the averment may not be construed as admission from the part of answering respondents. Respondents submit that the instant application filed by the applicant is devoid of merit and no case has been made out for interference of this Hon'ble Central Administrative Tribunal, and the same is liable to be dismissed.
8. Learned counsel for the respondents has placed a pursis with which some documents have been enclosed. Documents enclosed with the above pursis are Bye-Laws of Zona! Cultural Centre Recruitment & Service Rules, 2015, Minutes of Executive Board Meeting for financial year 2023-24 which was held on 26-09-2023, Minutes of Financial a Page 15 of 29 16 OA No.36/2024 Committee dated 26-09-2023 and the letters written by applicant to Director dated 30-12-2023, 07-02-2024, 13-01-2024 and 25-02-2024.
3. Bye-Laws of Zonal Culturai Centre relates to Recruitment & Service Rules -- 2015, Para 2.3(ii) of the said Rule states that the Director may, if necessary transfer any employees to any post or office within ZCC. Sub- rule (iii) further says that if necessary, the employees of ZCC may also be transferred with their post to any other ZCC's with the mutual consent of the Director of that Zone. However, it is seen that there is no transfer policy relating to transfer of employees from one office to another, Learned counsel for the respondents has cited the following judgements in the matter:-
(i) Mohd. Masood Ahmad Versus State of U.P. & Ors, Civil Appeal No. 4360 of 2007 (Supreme Court) dated 18/09/2007 in which it is held as under:-
"6. In Abani Kanta Ray vs. State of Orissa 1995 (Supp.) 4 SCC 169; (1996 Lab IC 982), this Court observed (vide paragraph 10): "It is settled law that a transfer which is an incident of service is not to be interfered with by the Courts unless it is shown to be clearly arbitrary or vitiated by mala fides or infraction of any professed norm or principle governing the transfer. (See N.K. Singh vs. Union of India)"
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10. 1? OA No.36/2024 The scope of judicial review of transfer under Article 226 of the Constitution of India has been settled by the Supreme Court in Rajendra Rao vs Union of india (1993) 1 SCC 148; (AIR 1939 SC 1236}, National Hydroelectric Power Corporation Ltd. vs. Shri Bhagwan (2001) 8 SCC 574; (AIR 2001 SC 3309), State Bank of India vs. Anjan Sanyal (2001) 5 SCC 508; (AIR 2001 SC 1748). Following the aforesaid principles laid down by the Supreme Court, the Allahabad High Court in Vijay Pal Singh vs. State of U.P, (1997) 3 ESC 1668; (1998) All L 70) and Onkarnath Tiwari vs. The Chief Engineer, Minor Irrigation Department, U.P. Lucknow (1997) 3 ESC 1866; (1998 All LI 245), has held that the principle of law laid down in the aforesaid decisions is that an order of transfer is a part of the service conditions of an employee which should not be interfered with ordinarily by a Court of law in exercise of its discretionary jurisdiction under Article 226 unless the Court finds that either the order is mala fide or that the service rules prohibit such transfer, or that the authorities who issued the orders, were not competent to pass the orders."
The respondents have placed reliance on the case of Union of India And Ors. vs. S.L. Abbas, 1993 AIR 2444 dated 27/04/1993. It is to state that the facts in this case are different from the facts mentioned in the present OA. In this matter, the respondent was a central government employee who was transferred from one place to another and he challenged the order of transfer on the grounds that his wife
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Page 17 of 29 18 OA No.36/2024was also employed at the same place in a central government office, his children were also staying there and he himself suffered backbone facture injury some time ago. Therefore, he prayed for continuation at the same place cancelling the order of transfer.
11, Learned counsel for the applicant has filed rejoinder on behalf of the applicant on 19™ February, 2024 wherein he has stated that the applicant has been given three orders mentioned as Annexure A-1, A-2 and A-3 in one day through Whatsapp when he was on official duty in New Delhi. It is further stated that the performance of the applicant is spotless and there are no complaints lying against him. The proposal for his promotion as Admin cum Accounts Officer has also been recommended to the DPC. The applicant states that respondent no. 3 cannot be a replacement of the applicant as he is much junior. He further states that the transfer policy which has been placed on record clearly indicates that the candidate, who is getting retired from all grades within two years, shall not be subjected to the transfer. As the applicant is on the verge of retirement and would be reaching the age ° Page 18 of 29 19 OA No.36/2024 of superannuation in April, 2025, he should not have been transferred. He further says that his employment condition does not involve any transfer. Therefore, respondent no. 2 does not have any power to effect the transfer of the applicant. He further states that the respondent no, 2 has alleged that the applicant was behaving rudely in the staff meetings and made adverse remarks in the file against the decision taken by the Directors to engage Government Agency instead of Private Agency reveals that respondent no. 2 is having a personal grudge against the applicant and transfer of the applicant is a result of malice. He also states that if there were serious lapses and misconduct on the part of the applicant which has been reported in CAG report and CBI report, transfer could not have been a solution for such lapses. He further says that the said statement also smacks malice at large level. it is also stated that his transfer to Shilpgram Khajuraho is ordered to improve the activities. However, from day one of his employment, he has not been handling preservation of archaeological monuments in fact that was never his job and is beyond the contract of employment.
The applicant states that at one point of time it is sought to be Pa Page 19 of 29 20 OA No.36/2024 Suggested that because of misconduct committed by the applicant, he is being transferred while in the same breath the argument of administrative exigency is being cited for further transfer. He Says that both the arguments are contrary to the records as the applicant has been recommended by the Departmental Promotion Committee and at the same time his. grade pay has been enhanced. Therefore, the arguments that there being complaints against the applicant is only cited by the respondent no. 2 out of personal revengeful act and the applicant has been transferred.
12. Heard Learned counsels for the applicant and respondents.
13. As per Annexure A-5, Transfer Policy and Transfer Orders of Ministry of Culture has been cited which reads as follows:-
"Establishment Section Suo Motu Disclosure under RTI Act, 2005 Ministry of Culture item No XXil : Transfer Policy and Transfer Orders (M/o Culture} This is as per rotational policy prescribed in DOPT's O.M. No 21/2/09-CS.1 (P} dated 21.10.14, No. 21/27/06/CS. Dated 17.4.07 etc. which are available at DOPT web portal."Page 20 of 29
eee 21 OA No.36/2024
14. 'As per Rotational Transfer Policy for Central Secretariat Service (CSS), para 4(iii) states as follows:-
"4(iii) Exemptions from transfer under RTP {a} Officers of all grades within two years of superannuation will be exempted from rotational transfers. .
(b) Officers likely to be promoted within one year shall be exempted from the RTP as on their promotion officers are transferred if they have completed the prescribed tenure for the promotional post."
15. [tis seen that the Executive Board Meeting of SCZCC Nagpur for the financial year 2023-24 was held at Mumbai on 26" September, 2023 and the Minutes have been issued. The Finance Meeting of SCZCC for the financial year 2023-24 was also held at Mumbai on 26"
September, 2023. In the Executive Board Meeting of SCZCC on 26"
September, 2023, the issue of non-enclosing of maintenance expenditure of Rs. 5,00,000/- was discussed. The Committee observed that the expenditure on Shilpgram maintenance is being adjusted against Shilpgram activities. Hence, no provision has been made. The Finance Committee Meeting held on 26°" September, 2023 approve the above course of action. It was instructed that the provision for Page 21 of 29 22 OA No.36/2024 Shilpgram should be kept separately and reflected accordingly, so as to ensure proper accountal and record of activities against the same.
16. The above position reveals that Committee has not taken any decision to depute any Officer immediately to Shilpgram. However, the Board Meeting is taking place on 26" September, 2023, whereas, the applicant is being transferred after almost three months ie. 28"
December, 2023 to Shilpgram Khajuraho (MP) and another officer Shri Ganpat S. Prajapati is transferred from Shilpgram Khajuraho (MP) with a direction to join his duties at Nagpur on 01" January, 2024. The requirement of a senior and expert officer at Shilpgram Khajuraho (MP) has been cited as a reason to transfer applicant from Nagpur to Shilpgram Khajuraho (MP) to monitor the various activities there, if the respondents are really concerned with the activities of Shilpgram Khajuraho (MP), they could not have afforded to waste three months time of the financial year from the Board Meeting for placement of officer for better monitoring the activities and even after wasting three months, they are deputing an officer who does not Possess experience of handling such activities.Page 22 of 29 23 . OA No.36/2024
17. The respondents have issued three Orders dated 28-12-2023 (Annexure A-1, A-2 and A-3) which have been impugned and which are quoted for facility of reference:-
" SOUTH CENTRAL ZONE CULTURAL CENTRE NAGPUR (ANNEXURE A-1) No. SCZCC/ADM/672/2023-24 DT, 28-12-2023 OFFICE ORDER Regretfully noted that the activities of Shilpgram Khajuraho, M.P are insignificant, and SCZCC has to improve the activities to save from the State government taking over it. It is also observed that the funds allotted for Shilparam, Khajuraho (M.P.) activities are unjustifiably meagre as of date. A call is to be taken on this during the last quarter of the current financial year and from the next financial year onwards.
Hence, a senior and more experienced regular official at a higher rank is required there. Accordingly, it has been decided to assign Mr G.N. Thorat, AAO, the charge of Shilpgram. Khajuraho until further orders to do the needful there, and he is relieved from his present duties as of the closure of office on Dec. 28th, 2023.
Mr. G.N. Thorat is to report at Shilpgram Khajuraho on January 01, 2024, on completing his present task at the Ministry of Culture, Govt. Of india. . .
To compensate for the staff requirement at the HQ, it has also been decided to transfer Mr G.S. Prajapati to the HQ, w.e.f. December 28, 2023, and soon after the Board of Governors meeting on January 2nd, 2024, Mr G.S. Prajapati will report to the HQ. As of Jan 3rd 2024, a new work order will be issued by then.
Mr G.N. Thorat is also relieved from all the Board of Governors Meeting duties on January 2nd, 2024, and the ensuing Orange City Craft o Page 23 of 29 24 OA No.36/2024 Mela and Folk Dance Festival, Nagpur dt. 19th Jan. To 28th January, 2024. He will be deputed to the HQ as and when his service is required.
As it is, it appears that close scrutiny of SCZCC's accounts is required. Accordingly, after being relieved from the HQ, no staff members are allowed to use any office computer systems or access any documents without the prior approval of the Director-in-Charge. Deputy Director-in-Charge and, in his absence, the AAO, to ensure this.
It has also been observed that fast Saturday (Dec 23, 2023), the official email ID of SCZCC had four logs from different systems simultaneously. The official email is to be operated only by the Director (in-charge) and Deputy Director (in-charge), and mail is to be forwarded to the staff concerned to an email ID created individually by them for their official purpose only- it is advisable to have an email ID with their name followed by SCZCC for easy identification. The Deputy Director-in- Charge may ensure this. PA to the Director and Media Executive may provide necessary assistance.
Staff attending office on holidays and sitting after office-hours to update the DD {in- charge) or AAO, as the case may be through their section-charge.
issued for immediate compliance.
Director I/C SCZCC, Nagpur " ANNEXURE-A-2 SOUTH CENTRAL ZONE CULTURAL CENTRE, NAGPUR No. SCZCC/ADM/673/2023-24 Dt. 28-12-2023 OFFICE ORDER In continuation to office order No. SCZCC/ADM/672./2023-24 dt. 28- 12-2023 to revive activities at Shilpgram, Shri G.N. Thorat, AAO is transferred from Nagpur to Shilpgram, Khajuraho, MP. He is directed to report Shilpgram, Khajuraho w.e.f. 1" January, 2024. Henceforth, his
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headquarters will be in Shilpgram, Khajuraho, and before leaving HQ for any reason, he will have to get permission from the undersigned, and he will be entitled to get allowances, etc., as per the rules.
Shri G.S. Prajapati, Assistant, is hereby transferred from Shilpgram Khajuraho to Nagpur and directed to join his duties at Nagpur w.e.f. 1-1- 2024, his headquarters will be Nagpur, and before leaving HQ for any reason, he will have ta get permission from the undersigned; he will be entitled to get allowances, etc., applicable as per rules.
Both above officials are directed to send a Compliance Report of the said order to the undersigned as soon as they join the duties as above. Issued for strict compliance. .
Director I/C SCZCCM, Nagpur " SOUTH CENTRAL ZONE CULTURAL CENTRE, NAGPUR {Annexure A-3) No. SCZCC/ADM/674/2023-24 Dt. 28-12-2023 OFFICE ORDER This is in continuation to office orders No. SCZCC/ADM/672/2023-24 and No. SCZCC/ADM/673/2023-24 dt. 28-12-2023 As Shri G.N. Thorat, AAO, is relieved today with instructions to report at Shilpgram, Khajuraho on January 01° 2024 and after his deputation to Delhi, the undersigned hereby direct Deputy Director-in- Charge Mr Deepak Kulkarni and Administrative cum Accounts Officer Mr Dipak Patil to close the room of Shri G.N. Thorat as it is with a separate lock and key and seal the same with their signature and another permanent staff not below the rank of an Assistant under further orders. Nothing from the room, including files, vouchers and computer system, should be removed.
In case it is to be opened for any emergency, a proper note is to be initiated for the prior approval of the undersigned.Page 25 of 29 26 OA No.36/2024
Deputy Director-in-Charge Shri Deepak Kulkarni and Administrative cum Accounts Officer Shri Dipak Patil to confirm compliance by 6 PM today.
Director i/C SCZCC, Nagpur Copy to for information and necessary action:
1. Shri Deepak Kulkarni, Deputy Director-in-Charge
2. Shri Dipak Patil, Administrative cum Accounts Officer
3. Shri G.N. Thorat, AAO, SCZCC, Nagpur
4. Personal files
5. PA ta Director-in-charge.
6. Master file"
18. The language, tenor and nuances of order at Annexure A-1 and Annexure A-2 of the respondent no. 2 to transfer the applicant when he was on deputation to Delhi and also stating that he is relieved forthwith shows a tearing hurry on the part of respondent no. 2 with the purpose to get rid of him from Nagpur. Order issued on the same day i.e. 28-12- 2023 at Annexure A-3 smacks vindictiveness as he is not allowed to enter his erstwhile office at Nagpur. Even the order dated 28-12-2023 (Annexure- A1) is poor articulation as avoidable contents have been mentioned while issuing said Transfer Orders.
Page 26 of 29 27 OA No.36/202419. The respondents have stated in their reply that there were serious audit objections and several complaints from the artist against the applicant. They have aiso stated that the service record of applicant is not clean as several memos were issued to the applicant and the applicant was found guilty in the CBI report. It is strange that the respondents did not take any action against an employee against whom audit objections /complaints have been made and who has been found guilty in the CBI report. It is also strange that the respondents failed to produce any document based on which they are making above assertions, On the contrary, vide order dated 20° September, 2021, the applicant has been promoted to the post of Admin cum Accounts Officer on the recommendation of the Departmental Promotion Committee,
20. It is a settled law that a transfer which is an incident of service is not to be interfered with by the Courts unless it is shown to be clearly arbitrary or vitiated by mala fides or infraction of any professed norm or principle governing the transfer. As could be seen from the impugned orders that a tearing hurry has been shown by the respondent no. 2 in Page 27 of 29 28 OA No.36/2024 transferring the applicant from Nagpur to Shilpgram Khajuraho (MP}, Order dated 28-12-2023 (Annexure A-3) clearly shows that the respondent no, 2 js biased against the applicant and he is foreclosing all possibilities for the applicant to come to his office. The applicant is transferred when he was away on official tour to Delhi and the above mentioned order states that he is relieved. The sequence of events and the impugned orders (Annexure A-1, A-2 & A-3) issued on the same date shows arbitrariness of respondent no. 2 to get rid of applicant from Nagpur. Leave aside the marriage of applicant's daughter and his father being admitted in hospital in serious condition, the respondent no, 2 did not factor in the position that the applicant is going to retire within two years and the transfer policy itself states that an employee retiring within two years will not be shifted / transferred. The above actions smack strong bias of respondent no. 2 towards applicant.
21. In view of the above and in pursuance to the Transfer Policy adopted and acted upon by the respondents wherein it has been clearly laid down that officers of all grades within two years of superannuation will be exempted from transfer and the applicant falling within the "
Page 28 of 29 29 OA No.36/2024Stipulated two years time period should not have been transferred as he is retiring on superannuation on 30" April, 2025.
22. Accordingly, OA is allowed, Transfer Order of applicant dated 23- 12-2023 (Annexure A-1) along with the orders dated 28-12-2023 (Annexure- A2 & A3) are quashed and set aside. Cost of Rs. 7,000 is imposed upon respondent no. 2 which should be deposited in the account of CAT Bar Association, Nagpur. Pending MAs, if any, stand closed.
{Rajinder Kashyap) Member (A) nk | 28 av "
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