Central Administrative Tribunal - Jabalpur
Subrat Kumar Jena S/O Shri Haramohan ... vs Union Of India Through The Secretary ... on 17 October, 2016
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH
JABALPUR
Original Application No.200/00993/2016
Jabalpur, this Monday, the 17th day of October, 2016
SHRI G.P.SINGHAL, ADMINISTRATIVE MEMBER
Subrat Kumar Jena S/o Shri Haramohan Jena, aged about 50 years, Presently working as Dy. Chief Electrical Engineer, Construction NIR, South East Central Railway, Nainpur at Nagpur, Residence Q.No.180/2, Mount Road, S.E.C. Rly Colony, Nagpur - 440001
-Applicant
(By Advocate Shri M.N. Banerjee)
V e r s u s
1. Union of India through the Secretary Railway Board, Rail Bhawan, Raisina Road, New Delhi, PIN 110001.
2. General Manager, South East Central Railway, Near Railway Station Bilaspur, C.G. PIN 495001.
3. Chief Administrative Officer (Con) Office of General Manager, South East Central Railway, Near Railway Station, Bilaspur 495001.
4. Chief Personnel Officer, South East Central Railway, Near Railway Station, Bilaspur (C.G.) 495001.
5. Shri Pankaj Kumar Kesharwani, Junior Administrative Grade Group A officer, O/o Chief Administrative officer (CON) South East Central Railway, Near Railway Station, Bilaspur 495001.
-Respondents
(By Advocate Shri A.S. Raizada)
O R D E R
Applicant has preferred this Original Application for the following reliefs:
8.1 To kindly command respondents to produce all documents/record pertaining to the case specially the Placement Committee report if any.
8.2 To quash and set aside impugned order dt 16-9-2016 passed by Railway Board Annexure A-1 and order dt 3/10/2016 relieving applicant Annexure A-2.
8.3 Any other relief which Honble Tribunal may consider reasonable under facts and circumstances of the case.
2. Learned counsel for the applicant submits that the applicant has been transferred within a span of less than two years after his posting at Nagpur, which is against the comprehensive transfer policy for railway officers issued on 31.08.2015 (Annexure A-4). He further submits that the applicant has already filed representations against this transfer order addressed to Secretary, Railway Board on 22.09.2016 and General Manager, South East Central Railway, Bilaspur on 19.09.2016. However, without deciding his representations, vide the office order dated 3.10.2016 (Annexure A-2), relieving orders of the applicant has been issued.
3. Learned counsel for the applicant further submits that till now the applicant has not been relieved and still holding the charge. Therefore, this Original Application may be disposed of with a direction to the respondents to consider and decide his representations within a time frame and till his representations are not decided, he may be allowed to continue on the present post.
4. In view of it, this Original Application is disposed of at the astage of admission itself with a direction to the competent authority of the respondents to consider and decide the applicants representations dated 19.9.2016 (Annexure A-9) and 22.09.2016 (Annexure A-8), within a period of three weeks from the date of communication of this order. During the pendency of above preferred representations, status quo in regard to holding of charge of the applicant, as it exists on today, shall be maintained. The applicant shall submit another copy of his representations dated 19.09.2016 (Annexure A-9) and 22.09.2016 (Annexure A-8) to the concerned authority, within a period of three days from today.
(G.P.Singhal) Administrative Member am/-
2OA 200/00993/2016
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