Lt Col. Rajinder Singh Shekhawat vs Steel Authority Of India Limited on 4 May, 2023

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Karnataka High Court

Lt Col. Rajinder Singh Shekhawat vs Steel Authority Of India Limited on 4 May, 2023

Bench: N S Sanjay Gowda

                                        -1-
                                                  WP No. 7767 of 2023




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 4TH DAY OF MAY, 2023

                                      BEFORE
                   THE HON'BLE MR JUSTICE N S SANJAY GOWDA
                    WRIT PETITION NO. 7767 OF 2023 (S-RES)
            BETWEEN:

            1.  LT COL. RAJINDER SINGH SHEKHAWAT,
                S/O SHRI SHYAM SINGH,
                AGED ABOUT 54 YEARS,
                WORKING AS DEPUTY GENERAL MANAGER
                (SECURITY, SPORTS, EDUCATION, RAJABHASHA),
                VISL, BHADRAVATHI 577301,
                AND RESIDING AT G-55, SAIL, NEWTOWN,
                BHADRAVATHI 577301
                                                      ...PETITIONER
            (BY SRI. SUBRAMANYA BHAT M., ADVOCATE)

            AND:

            1.    STEEL AUTHORITY OF INDIA LIMITED ,
                  ISPAT BHAVAN, LODHI ROAD,
Digitally
signed by         NEW DELHI 110003,
PANKAJA S         (A CENTRAL GOVT PSU)
Location:
HIGH              REPRESENTED BY THE CHIARMAN
COURT OF
KARNATAKA
            2.    VISL -SAIL (A SUBSIDIARY OF SAIL)
                  BHADRAVATHI, SHIMOGA, DISTRICT 577301,
                  REPRESENTED BY THE EXECUTIVE
                  DIRECTOR

            3.    GENERAL MANAGER (PERSONNEL)
                  SAIL, ISPAT BHAVAN,
                  LODHI ROAD, NEW DELHI 110003
                                                   ...RESPONDENTS
            (BY SRI. M.V.SUNDARARAMAN., ADVOCATE FOR R-2)
                             -2-
                                       WP No. 7767 of 2023




     THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO-CALL FOR THE
ENTIRE RECORDS PERTAINING TO THE CASE OF THE
PETITIONER FROM THE R-1 AND 2 AND GRANT THE
FOLLOWING RELIEF QUASH THE IMPUGNED OFFICE ORDER
BEARING NO. PER/CCS/129/2023 DTD 22/03/2023 ISSUED BY
THE R-3 WITH THE APPROVAL OF THE R-1 AND THE RELEASE
ORDER BEARING NO. PER-OD/2023/18 DTD 30/03/2023
ISSUED BY THE R-3 (ANNEXURE-G AND G1) AS THE SAME ARE
HIGHLY    ARBITRARY,    ILLEGAL,   IRRATIONAL    AND
UNREASONABLE, ETC.

     THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:

                         ORDER

1. The petitioner is challenging an order of transfer.

2. It is not in dispute that the petitioner is a "public Servant" as defined under the Administrative Tribunals Act, 1985 and it would be only the Central Administrative Tribunal which has the jurisdiction to adjudicate the validity of the impugned order.

3. In this view of the matter, the writ petition is dismissed reserving liberty to the petitioner to move the Central Administrative Tribunal. -3- WP No. 7767 of 2023

4. However, since the petitioner was granted protection by this Court by way of an interim order, the said protection would still continue for a further period of ten days from today.

Sd/-

JUDGE RK List No.: 1 Sl No.: 218

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