Central Administrative Tribunal - Bangalore
Sridhara Murthy K vs D/O Post on 29 November, 2022
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OA.No.170/249/2021/CAT/Bangalore Bench
CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH, BENGALURU
ORIGINAL APPLICATION NO.170/00249/2021
DATED THIS THE 29TH DAY OF NOVEMBER, 2022
CORAM:
HON'BLE MS. JUSTICE S. SUJATHA, MEMBER (J)
HON'BLE SHRI RAKESH KUMAR GUPTA, MEMBER (A)
Sri. Sridhara Murthy. K,
S/o late B.V. Krishnamurthy,
Aged about 33 years,
Working as Gramin Dak Sevak,
Working at Dabaspet SO, Nelamangala Taluk,
Bengaluru Rural District-562111.
Residing at: Pyarajaan Layout, Dabas Pet, Nelamangala Taluk,
Bengaluru Rural District. ..Applicant.
(By Advocate Ms. Pushpalatha representing Advocate Shri J.D. Kashinath)
Vs.
1.Union of India,
Ministry of Communications,
Department of Posts (GDS Section),
Dak Bhavan, Sansad Marg, New Delhi-110001,
Represented by its Secretary,
2.Inspector of Posts,
Nelamangala Sub-division, Nelamangala-562123.
3.Post Master HSG-I,
Channapattana Head Office, Chennapattana-562160.
Ramanagara District.
4.Inspector of Posts,
Kanakapura Sub-Division,
Kanakapura, Ramanagara District.- 562117 ....Respondents
(By Shri K. Gajendra Vasu, Senior Panel Counsel)
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OA.No.170/249/2021/CAT/Bangalore Bench
O R D E R (ORAL)
PER: RAKESH KUMAR GUPTA, MEMBER (A)
1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following relief:
a) To quash the impugned order bearing No.B/NLA/Comp Appt/Dlgs dated 01.02.2021 issued by 2nd respondent vide which the applicant has been transferred and relieved from the Post of Dak Sevak (GDS MD), Dobbespet SO to the post of GDS ABPM (GDS MD), Jakkasandra BO a/w Harohalli SO on administrative grounds.
b) Issue direction in the nature of mandamus to respondents to continue the Applicant's services in the present at Dobaspete SO in terms of the applicant's appointment letter dated 10.09.2020.
2. The facts of the case as pleaded by the applicant in his pleadings, are as follows:
a) The applicant was appointment as GDS on 10.09.2020 on compassionate grounds. The applicant's brother Suresh Kumar was the employee of the Postal Department and he had worked as GDS. He unfortunately, committed suicide on 09.07.2017. In this connection, Crime No. 173/2017 for the offence punishable under section 306 of IPC was registered and a charge sheet was also filed by the Dobespete police of Nelamangala Circle. In the said FIR, co-employees of the deceased Suresh Kumar, namely Ramesh, Shilpa, Komala, Balaraj and Krushan, who are the employees of the Postal Department are named, 3 OA.No.170/249/2021/CAT/Bangalore Bench and it was at their instigation allegedly that the applicant's brother had committed suicide.
b) Subsequent to his joining on compassionate grounds after the death of his brother Suresh Kumar, the applicant was being compelled by these employees to withdraw the case registered against them. When the applicant did not agree to withdraw the case, the employees started giving him harassment. The applicant had submitted another complaint to police in this regard.
c) Thereafter, the employees started to make false reporting on the applicant to transfer the applicant from the present place Dobbespet SO office. Accordingly, on 16.01.2021 Nelamangala inspector came to Dobbespet Post Office and insisted to the applicant to make signature to the papers stating that the applicant is transferred to Jakkasandra Post Office. The applicant refused to put his signature to the papers. These efforts have been made by the respondents only to harass the applicant and to discourage the applicant from perusing the case relating to the death of his brother Suresh Kumar. In view of this, on 19.01.2021 the applicant submitted the police complaint to Dobbespet police.
d) Vide order dated 01.02.2021, the applicant services were transferred to Jakkasandra BO a/w Harohalli with immediate effect. The said transfer order has been passed on the instigation and at the instance of the accused persons in Crime No. 173/2017 where applicant's brother had died.4
OA.No.170/249/2021/CAT/Bangalore Bench
e) The Department of Postal Services is governed by the separate transfer policy for the Grameen Dak Sevaks. Office memorandum dated 22.01.2020 has been issued by the central office and as per the said policy the applicant cannot be transferred through the impugned order. As per the OM dated 22-01-2020, GDS is permitted to transfer only on their request. No other mode of transfer is permitted. In view of this policy, impugned transfer order is bad in law and same is completely contrary to OM dated 22-01-2020. It also suffers from malafide.
3. The respondents have filed their written statement wherein they have averred as follows:
a) The applicant is the brother of Late Suresh Kumar, Ex-GDS MD of Dobbespete SO. The applicant submitted a representation dated 29.09.2020 to the Superintendent of POs (in short, SPOs) Channapatna stating that, ".....if any untoward incidents happened against him during duty hours, Department will be held responsible for all those things..."
b) The brother of the applicant, Late Suresh Kumar K, ex-GDS MD committed suicide on 09.07.2017 and left a death note wherein the names of few officials of the Department viz., Sri Krishna H, Smt. Shilpa Yeralagatti, Smt.Komala, Sri Ramesh and Sri Balaraju were mentioned. Subsequently, the applicant filed a criminal case in connection with said suicide of his brother vide CC. No.747/2018 in Crime 173/2017 (SC No.15/2019), which is under trial in the Hon'ble 5 OA.No.170/249/2021/CAT/Bangalore Bench Court of the Principal District and Sessions Judge, Bengaluru District, Bengaluru.
c) Meanwhile, a show cause notice was also issued to SPOs, Channapatna for production of some documents in connection with suicide case of brother of the applicant by the Hon'ble Court of Principal District and Sessions Judge, Bengaluru District, Bengaluru. On receipt of approval from Postmaster General, Bengaluru HQ Region, Bengaluru, a Legal Counsel was appointed to defend the case on behalf of the Department.
d) The SPOs Channapatna vide letter No.B2/Comp.Appt/SMK/Dlgs dated 09.10.2020 submitted a detailed report to the PMG, Bengaluru HQ Region intimating the irregularities noticed and requesting for the approval for the following proposed action:
i) As per the Postal Directorate (GDS Section) OM No.17/31-
2016-GDS dated 21.10.2019, to change the posting of the applicant from GDSMD, Dobbespete PO to other GDS post, on administrative/vigilance ground.
ii) To refer the case of the applicant to Bengaluru Medical Board (especially mental status) for medical fitness.
iii) To inform local Police Authorities regarding his representation dated 29.09.2020 and lodge a Police complaint against the applicant in the jurisdictional Police Station. 6
OA.No.170/249/2021/CAT/Bangalore Bench
e) Accordingly, SPOs, Channapatna Division lodged a police complaint against the applicant on 12.11.2020 at Dobbespete Police Station and a case was registered vide NCR No.691/2020.
f) Meanwhile, Sub Postmaster (SPM) Dobbespete PO submitted a report to SPOs, Channapatna Division vide letter dated 16.10.2020 about the irregularities and issued notice to the applicant and requested to the SPOs Channapatna to take necessary action to avoid untoward incident in the said PO.
g) An enquiry was conducted by the Respondent No.2. During the said inquiry, the applicant in his statement dated 07.11.2020 given before Respondent No.2 stated that he has got personal enmity/vengeance against other GDS MD. Subsequently, the Respondent no.2 submitted his report dated 20.11.2020 to the SPOs Channapatna along with the statements of the officials and GDSs and recommended to take action as deemed fit against the applicant for having resorted to infructuous correspondences, insubordination towards higher officials and also for having obliterated official atmosphere of Dobbespete PO.
h) In view of the above circumstances, to avoid further unforeseen incidents and consequences and to safe guard the interest of all other employees working in Dobbespete SO and also to create healthy/congenial working atmosphere at Dobbespete SO, a Transfer and Placement Committee (TPC) was constituted comprising of (i) SPOs Channapatna, (ii) ASP (HQ) O/o SPOs, Channapatna, (iii) IP, 7 OA.No.170/249/2021/CAT/Bangalore Bench Kanakapura & (iv) IP, Nelamangala. This TPC met on 04.01.2021 at O/o SPOs Channapatna. After following the due procedure, the said Committee recommended to post the applicant as GDS MD, Jakkasandra BO account with Harohalli SO under Kanakapura Sub Division in the best interest of the office as well as the said GDS.
i) As per the recommendations of Transfer & Placement Committee dated 04.01.2021 and in accordance with the Postal Directorate (GDS Section) letter No. 17-31/2016- GDS dated 21.10.2019, the applicant was ordered to be transferred from Dobbespete to Jakkasandra BO account with Harohalli PO, vide SPOs Channapatna memo No. B2/Comp. Appt/SMK/Dlgs dated 05.01.2021. Instructions were issued to Respondent No. 2 to relieve the applicant immediately from his existing post and to join the new post on transfer.
j) The Respondent No. 2, visited Dobbespete SO on 16.01.2021 to serve the said transfer order dated 05.01.2021 to the applicant and also to relieve him from his present post. After the applicant was briefed about his transfer order on administrative grounds by Respondent No. 2, he was asked to sign for having received the said transfer order dated 05.01.2021, also to sign charge report and SPM order's book. Further, the applicant was directed to join as ABPM, Jakkasandra BO account with Harohalli SO w.e.f. 18.01.2021. But the applicant refused to accept the said transfer order and also to sign the charge report. Subsequently, the Respondent No. 2 drew a Mahazar in this regard and asked the applicant to sign the Mahazar as well, which was also refused 8 OA.No.170/249/2021/CAT/Bangalore Bench by the applicant to sign the Mahazar. Accordingly, a copy of the said transfer order dated 05.01.2021 was sent to the applicant from Dobbespete SO vide RL No. RK532822355IN on 16.01.2021 by the Respondent No. 2.
4. Heard learned counsels for the parties and perused the pleadings made by them.
5. In the present case, the applicant has challenged his transfer order dated 01.02.2021 vide which he has been transferred and relieved from the post of Dak Sevak (GDS MD), Dobbespet SO to the post of GDS ABPM (GDS MD), Jakkasandara BO a/w Harohalli SO on administrative grounds.
6. He is relying on the OM No: 17-31/2016-GDS dated 22.01.2020 which relates to limited transfer facility for GDS. A perusal of this OM indicates clearly that this order pertains to cases where the GDS himself makes a request/application for transfer to some other post and accordingly the transfer on his/her own request is considered and decided. However, in the present case, the applicant has been transferred on administrative grounds and not on the basis of any specific request made by him. Hence, the provisions of OM No: 17-31/2016-GDS dated 22.01.2020 are clearly not applicable in the case.
7. The applicant had been appointed on compassionate grounds after the unfortunate demise of his brother Suresh Kumar who had allegedly committed suicide. In this connection, a criminal case stands already registered, and is under trial in the court before the District and Session 9 OA.No.170/249/2021/CAT/Bangalore Bench Judge, Bengaluru. Some of the officials of the postal department in the same post office were allegedly mentioned in the death note left by the brother of the applicant. After joining of the applicant in the same Post Office, the applicant is apparently not in good terms with the officials in the Post Office. The working environment in the Post Office has been affected due to this. The respondents have contended that in order to bring normalcy on track and to ensure proper functioning of the Post Office, it was considered necessary to transfer the applicant from Dobbespete PO on administrative grounds.
8. Transfer of GDS on administrative/vigilance grounds is provided under OM No: 17-31/2016 -GDS dated 21.10.2019. Under the provisions of this OM, there is a prescribed procedure of consideration of the case by a Transfer and Placement Committee which has to consider the case and subsequently recommend the transfer on Administrative/ Vigilance grounds. Once the recommendation is made by the Transfer and Placement Committee, the decision on transfer of the GDS within Division or within Sub-Division, as the case may be, has to be taken by the Competent Authority.
9. In the present case, the case of transfer of the applicant was considered by a Transfer and Placement Committee set up by the Competent Authority. It recommended transfer of the applicant in the best interest of the office as well as the applicant. After the recommendations of the Transfer and Placement Committee in accordance with the Postal Directorate (GDS Section) letter No. 17-31/2016-GDS dated 21.10.2019, the applicant was ordered to be transferred from Dobbespet SO to Jakkasandara BO a/w 10 OA.No.170/249/2021/CAT/Bangalore Bench Harohalli SO, vide SPOs Channapatna memo No. B2/Comp. Appt/SMK/Dlgs dated 05.01.2021 (Annexure R-6).
10. There are a plethora of judgements in Supreme Court on the issue of judicial intervention in the matter of postings and transfer of employees.
11. In Mrs. Shilpi Bose and others vs. State of Bihar and others AIR 1991 SC 532, the Honourable Supreme Court has observed as follows:
"In our opinion, the courts should not interfere with a transfer order which are made in public interest and for administrative reasons unless the transfer orders are made in violation of any mandatory statutory rule or on the ground of mala fide. A Government servant holding a transferable post has no vested right to remain posted at one place or the other, he is liable to be transferred from one place to the other. Transfer orders issued by the competent authority do not violate any of his legal rights. Even if a transfer order is passed in violation of executive instructions or orders, the Courts ordinarily should not interfere with the order instead affected party should approach the higher authorities in the Department..................................."
12. In Union of India and others vs. S.L. Abbas AIR 1993 SC 2444, the Honourable Supreme Court has observed as follows:
"Who should be transferred where, is a matter for the appropriate authority to decide. Unless the order of transfer is vitiated by mala fides or is made in violation of any statutory provisions, the Court cannot interfere with it. While ordering the transfer, there is no doubt, the authority must keep in mind the guidelines issued by the Government on the subject. Similarly if a person makes any representation with respect to his transfer, the appropriate authority must consider the same having regard to the exigencies of administration"
13. A similar view has been taken in National Hydroelectric Power Corporation Ltd. vs. Shri Bhagwan and another (2001) 8 SCC 574, wherein it has been held as follows:
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OA.No.170/249/2021/CAT/Bangalore Bench "no Government servant or employee of a public undertaking has any legal right to be posted forever at any one particular place since transfer of a particular employee appointed to the class or category of transferable posts from one place to another is not only an incident, but a condition of service, necessary too in public interest and efficiency in the public administration. Unless an order of transfer is shown to be an outcome of malafide exercise of power or stated to be in violation of statutory provisions prohibiting any such transfer, the courts or the tribunals cannot interfere with such orders, as though they were the appellate authorities substituting their own decision for that of the management."
14. In the present case, the transfer order of the applicant has been made on administrative grounds as recommended by the TPC. There is no violation of any statutory rules relating to transfer. No malafide on the part of the competent authority is also made out. The transfer order has been made in order to ensure smooth functioning of the Post Office, in public interest. The new place of posting of the applicant (Jakkasandara) is only around 25 kms away from his previous place of posting (Dobbespet). This does not amount to any serious dislocation and should not cause any undue hardship to the applicant.
15. Keeping the above points in view, there is no merit in the present OA and it deserves to be dismissed. Accordingly, the OA stands dismissed.
16. However, there shall be no orders so as to costs.
(RAKESH KUMAR GUPTA) (JUSTICE S. SUJATHA)
MEMBER (A) MEMBER (J)
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