Central Administrative Tribunal - Delhi
Mrs. Kiran Bala Sharma vs Union Of India on 6 October, 2009
CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH OA No.2789 of 2009 New Delhi this the 06th day of October, 2009 Honble Dr. Dharam Paul Sharma, Member (J) Mrs. Kiran Bala Sharma, W/o Late Shri P.P. Sharma, R/o B-1/165, Paschim Vihar, New Delhi-110063. .... Applicant ( By Advocate Shri Chitteranjan Hatti) VERSUS 1. Union of India, Through the Secretary (DARE), Ministry of Agriculture, Krishi Bhawan, New Delhi. 2. Indian Council of Agricultural Research, Through its Director General/Secretary, Krishi Bhawan, New Delhi-110001. 3. The Director, Indian Agricultural Research Institute, Pusa, New Delhi-110012. 4. The Director National Research Centre on Plant Biotechnology, Lal Bahadur Shastri Building, Pusa Campus, New Delhi-110012. .. Respondents O R D E R (ORAL)
The present Application is directed against the order of transfer of the applicant from the establishment of IARI, New Delhi to the establishment of National Research Centre for Plant Biotechnology, Pusa Campus, New Delhi-12. A copy of the impugned order dated 23.09.2009 is at Annexure A-1.
2. The main ground on which the applicant seeks to assail the legality of the impugned order is that this is not inter divisional transfer but inter department transfer, which is not permissible under the rules. The applicant has made a representation dated 24.09.2009 against the impugned order addressed to the respondent no.4. Respondent no.4 in turn has recommended for consideration of the said representation on merits to the concerned authority. This representation has not yet been considered by the respondents.
3. In the facts and circumstances of the case, I consider it is expedient to dispose the present Application at the admission stage itself by issuing direction to the respondents to consider and decide the representation referred to above as well as treating the present Application as a supplementary representation by passing appropriate speaking and reasoned order before giving effect to the impugned transfer order. Needless to say, any grievance still survive, it will be open to the applicant to take recourse under the rules. Ordered accordingly.
4. OA is disposed of. No costs.
Issue DASTI.
(Dr. Dharam Paul Sharma) Member (J) /ravi/