Central Administrative Tribunal - Kolkata
Ajay Kumar Sah vs N.F.Railway on 11 May, 2023
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Q.A. No. 360/607/2023
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH, KOLKATA
O.A. No. 350/607/20238
Date of Order? 14.05.2028
Coram: Hon'ble Mr.Manish Garg, Judicial Member
In the matter of :
Shri Ajay Kumar Sah, Son of Late
MantuSah, aged about 37 years, residing
at Quarter No. 722/H, Railway New
Colony, 07 Para, Katihar, Bihar Pin
854105 working to the post of TTI/Head
TC under CTTI/IC/KIR in Northeast
Frontier Railway Mobile No.
8969850111, Email ID
[email protected]
peneesess Applicant
-Versus-
1. UNION OF INDIA, service through
the General Manager, North-East
Frontier Railway, Headquarters' Office,
Maligaon, Assam-781011. Guwahati,
2. THE DIVISIONAL MANAGER,
RAILWAY Northeast Frontier Railway,
DRM Building, Katihar, P.O. & District-
Katihar, Bihar, Pin-854105;
3, THE DIVISIONAL COMMERCIAL
MANAGERAU/C)/KIR, Northeust
Frontier Railway, DRM _ Building,
Katihar, P.O. & District- Katihar, Bihar,
Pin: 854105;
4. THE ASSISTANT PERSONNEL
OFFICER/I/KIR, Northeast Frontier
Railway, DRM Building, Katihar, P.O. &
District- Katihar, Bihar, Pin: 854105.
5. The CTTIIC/NJP, Northeast Frontier,
Railway Depot, New Jalpaiguri, West
Bengal, Pin 734004.
6. THE DIRECTOR OF
ESTABLISHMENT, Railway Board,
Ministry of Railways, Rail Bhawan, New
Dethi-110001.
dene Respondents
For The Applicant(s):Mr.P. C. Das, Mr. A. K. Paul;
Counse]
For The Respondent(s): None
ou)
2 O.A. No. 350/607/2023
ORDER(ORAL)
Per:Mr.ManishGarg, Member (J)
1. Heard Ld.Counsel for the applicant.
2. This matter is taken up by Single Bench in view of the revised list dated 04.04.2000 issued under Sub-Section (6) of Section 5 of the Administrative Tribunals Act, 1985, and, as no complicated question of law is involved, this matter is taken up for disposal, at the admission stage, with the consent of both the parties.
3. The applicant has filed this O.A. under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief:
a) "To quash and/or set aside the impugned order of
b) HAM transfer dated 01.05.2023 in respect of applicant wherein the name of the applicant appeared at Serial No. 1 which has been issued by the approval of the Divisional Commercial Manager(I/C)/KIR being Annexure A-3 of this original application without recommendation of the Placement Committee and such transfer order has been issued by an incompetent authority whereby your applicant has been transferred as TTl/Head Ticket Collector from NFR/KIRD/KIR to NFR/KIRD/MLDT (Maida Town) by violation of the Railway Board Circular dated 10.06.2014 being Annexure A-4 of this original application as well as also violation of the landmark decision of the Hon'ble Supreme Court in the case of TSR Subramanian and such transfer order has been issued on the ground of issuance of the charge-sheet and on punitive ground which is also not permissible in the eyes of law.
To declare that the impugned order of transfer dated 01.05.2023 in respect of the applicant being Annexure A-3 of this original application wherein the name of the applicant appeared at Serial No. 3 by violation of the Railway Board's Circular dated 10.06.2014 being Annexure A-4 of this original application which has been issued by an incompetent authority, under any circumstances, is not permissible in the eyes of law and it has been 3 CLA Ne. SVB TeOR8 Sete eAE x issued an the punitive greund ree iter ?
issuance af the chorge- sheet dated 21.09. 2023 ry fs i ected to reluase the salen of Be B "they have uncutfiorixedly withhwd with offect froar Adarch, 2023 fn favaur of wiolatior yer ps yy pos Me th oe ive ek pee pont e oe e ne 5 oo ons 2 ip} therein + <, ~ £ tihority with respect to issuance of tremisier a:
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pa tot o3 aot aed on ef : oF pos eG the Placement oe a. representation ey weed Red SY Sperling considerate:
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if By for some time, Ld. Counsel for the applcant would pray that Eberty be gr anted toe ths applicant ta preter a erounds as im the present be clreeted to be considered by the Competent "
Authority among the respondents in a time bound manner. men . 2 e applcenst would further submit that, til date, no relieving order has been passed qua the transter of the , would pray that the Transfer Order dates SOPRRRIIIE a i t avian af GRE We chat 2 of
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