Central Administrative Tribunal - Chandigarh
Byomkesh Pandey vs Council Of Scientific & Industrial ... on 29 July, 2024
1
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
O.A. No. 60/752/2023
Chandigarh, this the 29th of July, 2024
HON'BLE MR. SURESH KUMAR BATRA, MEMBER (J)
Byomkesh Pandey (Group - B), Aged about 45 years, S/o. Sh.
Sadashiva Pandey, Section Officer (F&A), Council of Scientific and
Industrial Research - Central Scientific Instruments Organization,
Sector 30, Chandigarh.
...Applicant
(BY ADVOCATE: Mr. Karan Singla)
VERSUS
Council of Scientific and Industrial Research through its Secretary,
Anusandhan Bhavan, 2, Rafi Marg, New Delhi - 110001, email Id:
[email protected].
...Respondent
(BY ADVOCATE: Mr. Vikas Kuthiala)
O R D E R(Oral)
Per: SURESH KUMAR BATRA, MEMBER (J):
1. The applicant has preferred instant O.A under section 19 of the Administrative Tribunals Act, 1985 seeking following relief:
"i) That the impugned orders dated 11.07.2023, Annexure A-3 whereby the applicant has been transferred from its present place of posting of Section Officer (F&A), CSIR-
CSIO, Chandigarh to Section Officer (F&A) CSMCRI, Bhavnagar, Gujarat on public interest and dated 08.08.2023, Annexure A-5, whereby the respondent without citing any reason for not considering the representation of the applicant dated 17.07.2023, may kindly be set aside and quashed qua the applicant, in the interest of justice.
ii) Further prayed that taking into consideration the extreme medical requirement of the applicant wife as described in 2 the representation dated 17.07.2023, Annexure A-3, the respondents be directed to consider the case of the applicant within the purview of the transfer policy dated 01.01.2019, Annexure A-1 as also on sympathetic grounds and consider the case of the applicant to be retained at the present place of posting at least for another period of two years before he is transferred out or he may be kept in the vicinity of the Post graduate Institute of Medical Education and Research, Sector 12, Chandigarh, whereby he is getting his wife treated so that he is able to get proper treatment, in the interest of justice. This Hon'ble Tribunal may also pass any other order in favour of the applicant which it may deem fit in the peculiar facts and circumstances of the case."
2. Brief facts of the case are that the applicant inducted into service as Assistant Section Officer (F&A) on 12.12.2005 at CSIR-IMTECH, Chandigarh. He was promoted to the post of Section Officer on 27.12.2021 and transferred from IMT (Institute of Microbial Technology) to CSIR-CSIO on 28.12.2021. It has been pleaded that as per the Transfer guidelines dated 01.01.2019, para No.IV(1)(i), officers, who or their family members are having chronic medical conditions and required continuous treatment can be considered for transfer on compassionate grounds. The applicant pleaded that it has only been around 18 months since his present place of posting and has not completed five years of his posting at the present station. The wife of applicant is suffering from EHPVO disease since 2017 and has been undergoing continuous treatment from PGI Chandigarh since then. She has been operated upon in 2018 and the applicant cannot plan his family due to his wife's health conditions. The applicant submits that he is suffering from Hepatitis B, high heartbeat and is pursuing his medical treatment from Chandigarh. The respondent on 11.07.2023 passed impugned transfer order transferring the applicant to CSMCR, Bhavnagar. The applicant moved a detailed representation dated 17.07.2023 along with supporting documents to consider his retention 3 at his present place of posting, stating that there is a post of Section Officer F&A lying vacant at CSIR-IMTECH, Chandigarh. The respondent passed impugned order dated 08.08.2023 (Annexure A-5) rejecting the representation of the applicant, which the applicant submits is a non-speaking order.
3. At the outset, the learned counsel for the applicant submits for limited relief for a direction to the respondent to pass a speaking order on the representation of the applicant.
4. I have heard learned counsel for both the sides and perused the material available on record. The learned counsel for the applicant submits that after the issuance of impugned O.M dated 11.07.2023, whereby the applicant has been transferred from CSIR-CSIO, Chandigarh to CSMCRI, Bhavnagar, Gujarat, the applicant had submitted the request seeking retention of the applicant at the present place of posting vide letter dated 17.07.2023 (Annexure A-4). The respondent disposed of his representation vide OM dated 08.08.2023 by passing a non-speaking order. The contention of the applicant regarding the medical condition of the spouse of the applicant having suffering from the disease EHPVO, being severe illness has not been addressed by the respondent while disposing of the representation vide OM dated 08.08.2023. After approx 10 years of marriage the applicant has no baby and the wife of the applicant is regularly taking treatment from PGI, Chandigarh. The applicant is also suffering from Hepatitis - B and is under treatment from PGI, Chandigarh and IVY Hospital, Mohali. In support of his contention, the applicant has placed on record copy of the medical prescriptions.
4
5. Learned counsel for the applicant further submits that the wife of applicant is in family way now and is expecting delivery in the coming 6-7 months. The applicant is ready to go to his new place of posting after completion of delivery process of his wife. He further submits that the one year has already been elapsed after the transfer of applicant vide OM dated 11.07.2023. He humbly prays for retention of applicant at his present place of posting for the forthcoming 7-8 months. Learned counsel for the applicant further submits that there are some changes in circumstances, which are required to be brought to the notice of the competent authority by way of another fresh representation which may be considered by the respondent sympathetically.
6. Learned counsel for the respondents opposes the contention of the applicant and submits that the applicant is working at the present place of posting since last 19 years.
7. I have given my thoughtful consideration to the facts and circumstances of the case and gone through the impugned order. I find that the respondent has disposed of the representation of applicant vide OM dated 08.08.2023 without mentioning any discussion or consideration to the grievances raised by the applicant in representation (Annexure A-4). The reasoning is the essence of any order passed by the competent authority disposing of any representation. The lack of reasoning or justification makes the order bad in law. Therefore, the impugned order dated 08.08.2023 is set aside being a non-speaking order. Having regards to discussion herein above, the applicant is granted an opportunity to file fresh representation to the competent authority within a period of two 5 weeks. Thereafter, the respondent is directed to consider the contention of the applicant with a sympathetic view within six weeks. The copy of order shall also be communicated to the applicant.
8. In view of the aforesaid discussion, the O.A is disposed of. No costs.
(SURESH KUMAR BATRA) Member (J) bp 29.07.2024