Central Administrative Tribunal - Delhi
Ravindra Pal Chauhan vs Ordnance Factory on 7 January, 2025
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Item No. 1/NB/C-V O.A. No. 53/2025
Central Administrative Tribunal
Nainital Circuit Bench, New Delhi
O.A. No. 53/2025
This the 07th day of January, 2025
Hon'ble Mr. Manish Garg, Member (J)
Hon'ble Dr. Anand S Khati, Member (A)
Ravindra Pal Chauhan
Aged about 59 Years/Gp B
S/o Sh. Jai Singh Chauhan,
R/o New Defence Colony,
Chandra Shekhar Gali,
Murad Nagar,
Ghaziabad, UP-201206 ...Applicant
(Through Advocate: Mr. U Srivastava with Mr. M K Gaur)
Versus
1. Union of India through the Secretary
Ministry of Defence
Govt. of India,
Department of Defence Production
South Block, New Delhi-110001.
2. The Director General
Ordnance Factory Board (C&S),
10-A, S. K. Bose Road,
Kolkata - 700001
3. The Dy. Director General,
GOI, M/o Defence (DFU),
Dehradun-248008 ...Respondents
(Through Advocate: Mr. T C Aggarwal)
ORDER (Oral)
Hon'ble Mr. Manish Garg, Member (J) In the instant Original Application the applicant seeks following reliefs:-
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Item No. 1/NB/C-V O.A. No. 53/2025 "(a) Directing the respondents to place the relevant records pertaining to the present O.A. for the proper adjudication in the matter, in the interest of justice.
(b) Declaring the actions of the respondents not to considering and finalizing the genuine requests of the applicant, transferring and relieving vide its order dt. 02.01.25 (Annexure A/1) effecting from 04.01.25 on functional grounds in public interest as alleged, is as illegal, unjust, arbitrary, malice in law, perverse, unconstitutional, against the principles of natural justice, violative of articles 14, 16 & 21 of the constitution of India, in violation of the mandatory provision of law and punitive also, accordingly quash and setting aside the same; further
(c) Directing the respondents to consider and finalize the grievances of the applicant against the impugned transfer and relieving order dt. 02.01.25 effecting from 04.01.25 pending consideration therein within some stipulated period.
(d) Allowing the O.A. of the applicants with all other consequential benefits and costs.
(e) Any other fit and proper relief may also be granted to the applicants."
2. Learned counsel for the applicant submits that the applicant herein is working in Inter College, Muradnagar as an Office Bearer and acting as an Honorary Secretary to the All India Ordnance Factories Teaching Staff Association. It is the contention of the learned counsel for the applicant that vide a transfer order dated 02.01.2025 (Annexure-A/1) the applicant was transferred to Inter College Shahjahanpur and was directed to join on the new place of posting on 04.01.2025. He states that the applicant is working in an Association which is recognized and the Office Bearer in the Association cannot be abruptly transferred without following due 3 Item No. 1/NB/C-V O.A. No. 53/2025 process of law. He also highlights that one, Mr. Mohender Singh, who is working as a President and an another office bearer with the Association has been transferred by the same impugned order. Learned counsel for the applicant states that they both have not yet joined the new place of posting and a representation to this effect has also been preferred on 03.01.2025 by both the office bearers. However, the said representation is not a comprehensive one.
2.1 Learned counsel for the applicant states that he is moving an appropriate detailed representation within a period of 7 days. Such an abrupt Transfer is also in violation of the Transfer Policy.
3. Issue notice.
4. Mr. T C Aggarwal, learned counsel, who appears on advance service, accepts notice on behalf of the respondents and requests to take appropriate instructions in the matter.
5. Be that is it may. At this stage, without going into the merits of the case and with the consent of the learned counsel for both the parties, we dispose of the present O.A. at the admission stage itself, and the applicant is 4 Item No. 1/NB/C-V O.A. No. 53/2025 directed to make a comprehensive representation within 7 days after receipt of a certified copy of this order to the competent authority making out grounds for seeking stay on the transfer/recall of the transfer order dated 02.01.2025. On receipt of such representation within the stipulated time, the respondents shall dispose of the same within 15 days by passing a reasoned and speaking order.
6. Needless to say that principle of natural justice shall also be followed by the competent authority while adjudicating the claim and disposing of the above representation of the applicant. Till such time, transfer order dated 02.01.2025, shall be kept at abeyance.
7. Accordingly, the present Original Application is disposed of. Associated M.As, if any, shall also stand disposed of.
8. No order as to costs.
(Dr. Anand S Khati) (Manish Garg)
Member (A) Member (J)
/SG/