Central Administrative Tribunal - Cuttack
Deepak Kumar Parida vs Cgda on 19 July, 2023
11/25/23, 11:44 AM cis.cgat.gov.in/catlive/internal/order_content_view.php?no=18742 CENTRAL ADMINISTRATIVE TRIBUNAL CUTTACK Order Sheet Item no.: 7
0.A./402/2023 (CUTTACK) No of Adjournment:
[ TRANSFER ] .
Court No.: 1 Order Dated: 19/07/2023 DEEPAK KUMAR PARIDA Vs CGDA For Applicant(s) Advocate : D.K.Mohanty For Respondent(s) Advocate : B.N.Swain Notes of The Registry_ Order of The Tribunal Ld. Counsel for the applicant has submitted that vide order dated 24.03.2023, the applicant was transferred from ITR & PEE Balasore (Encadrered) to JCDA (R&D) Balasore where he joined on 10.04.2023. Within a span of two months, he has been transferred to IFA (WNC), Mumbai vide order dated 04.07.2023. It has been submitted that the transfer of the applicant has been made in gross violation of the transfer policy/guidelines dated 28.03.2014 and the transfer having been effected during mid-academic session, is opposed to law. It has been submitted that he has submitted representation on 11.07.2023 to Respondent No.2, which was forwarded vide letter dated 13.07.2023 but till date he has received no reply thereon and he apprehends that before any decision is taken and communication is made to him, he is likely to relieved and, therefore, he has filed this OA praying inter alia to quash the orders dated 24.03.2023 (A/6) and 04.07.2023 (A/7) and/or to direct the respondents to modify the order of his transfer in posting him either to Kalikunda Panagarh, Gopalpur, Koraput, Jagadalpur, Paradip or Chilika. By way of ad interim prayer, he has prayed to stay the order of transfer dt. 04.07.2023 in his respect or to direct the respondent No.2 to dispose of his representation.
2. Ld. Counsel for the respondents, submitted that since the applicant has made representation and no decision has been taken thereon, he should not have approached this Tribunal without giving time for consideration of his representation. However, the transfer of the applicant having been made in public interest, being an incident of service, the applicant should not have opposed the same.
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3. Be that as it may, since it is specific case of the | applicant that the representation which he had submitted | against the transfer on 11.07.2023 which was forwarded | by the local office to Respondent No.2 on 13.07.2023 | and no decision has been taken thereon, ends of justice | would be met if a direction is given to the respondent _ No.2 to consider and dispose of the pending representation within a stipulated period.
4. Hence, without expressing any opinion on the merits of the matter, this OA is disposed of at this admission stage with direction to Respondent No.2 to consider and | dispose of the representation of the applicant dated | 11.07.2023 within a period of 30 days from the date of | receipt of a copy of this order and communicate the decision to the applicant in a well reasoned/speaking | order. Till then, if the applicant has not been relieved | from his present place of posting, he shall not be.
relieved. Parties to bear their own costs.
5. Copy of this order be given to Ld. Counsel for both :
the sides and the applicant is given liberty to communicate a copy of this order to Respondent No.2 for compliance.
PRAMOD KUMAR DAS | MEMBER (A) | Atk/ https://cis.cgat.gov.in/catlive/internal/order_content_view.php?no=18742 2/2