Central Administrative Tribunal - Gauhati
Shri Jomba Padu vs Cgda on 29 February, 2024
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CENTRAL ADMINISTRATIVE TRIBUNAL
GUWAHATI BENCH
Original Application 040/0040/2024
Date of order: This the 29th of February, 2024
HON'BLE SMT. URMITA DATTA (SEN), JUDICIAL MEMBER
HON'BLE DR. SUMEET JERATH, ADMINISTRATIVE MEMBER
SHRI JOMBA PADU,
Auditor 8348725
Son of Shri Minjom Padu,
Resident of Darka Village,
PO/PS- Aalo, West Siang District,
Arunachal Pradesh-791001.
Mobile No.: 6003685860
Email Id: [email protected]
.......Applicant
-AND-
1. The Union of India
Ministry of Defence, Government of India
Controller General of Defence Accounts
Ulan Batar Road, Palam, Delhi Cantt -
110010.
2. The Office of the Principal Controller of
Defence Account (Border Roads).
Ring Road, Narnia, Delhi Cantt-110010.
3. The Office of the Defense Accounts
Department (DAD)
Ulan Batar Road, Palam, Delhi Cantt -
110010.
O.A. No/0040/2024
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4. The Office of the Ao 44 Border Roads
Task Force,
C/O 99 Apo Hqr, 44 Btrf,
P.O & P.S- Aalo, West Siang District,
Arunachal Pradesh -791001
5. The Office of the Controller of Defence
Account (Border Roads),
"Udayan Vihar", Narangi, Guwahati"
Assam India-781171.
---Respondents
Present:
For applicant(s): Sri. J. Singh
For respondents: Sri A. Kundu, Addl. CGSC
ORDER (ORAL)
PER: URMITA DATTA (SEN), MEMBER (J):
The instant application has been filed challenging the transfer order dated 26.12.2023 (Annexure A1), 11.01.2024 (Annexure A-2) as well as relieving order dated 31.01.2024 (Annexure A3). As per the applicant, he was initially appointed as Auditor and posted at Guwahati in the year 2018 and, thereafter, posted to Along, Arunachal Pradesh on 16.08.2021 (Annexure A-5), which is a hard O.A. No/0040/2024 3 station, and as per the transfer policy of the respondents, two years is a maximum tenure at hard station. Further as per the transfer policy, after being serving at a hard station, the concerned employee can ask for three choices of station.
2. Accordingly, the applicant made representations on 08.11.2023 (Annexure A-8), dated 16.11.2023 (Annexure A-9) followed by another representation dated 28.01.2024 (Annexure A-10), wherein he had mentioned his three choice of posting/stations, namely, Tezpur, Naharlagun and Dumduba and also stated that he is having a child less than one year and his wife is also a State Government employee (Doctor) pursuing her Post Graduation in Tezpur. However, without considering his representations, he has been transferred to Nasik vide order dated 26.12.2023 (Annexure A-1), followed by relieving Order dated 31.01.2024. Being aggrieved with, he has filed the instant application.
O.A. No/0040/2024 4
3. Learned counsel for the applicant has also submitted that his representations were not at all considered before issuance of the transfer order, therefore, during the course of hearing, he has fairly submitted that presently it would suffice the purpose of the applicant if the respondents authorities would be directed to reconsider his case treating this O.A as a part of it and communicate their decisions by way of a reasoned and speaking order within a stipulated period of time and, in the interim, he may be granted some relief till the disposal of the representation.
4. Sri. A. Kundu, Learned Addl. CGSC for the respondents has no objection to reconsider his case as per the transfer policy, if it has not been considered till date.
5. However, learned counsel for the applicant has submitted that applicant is ready to move from Along, Arunachal Pradesh to any other choice of station nearby.
O.A. No/0040/2024 5
6. Heard the parties and perused the records.
7. In view of the above, Respondent No. 2 or any competent authority is directed to reconsider his representations dated 08.11.2023 (Annexure A-8), 16.11.2023 (Annexure A-9) as well as dated 28.01.2024 (Annexure A-10), treating this O.A as part of it, in the light of the transfer policy as well as the submission made by the applicant in this O.A and communicate their decision by way of a reasoned and speaking order within a period of 4 weeks from the date of receipt of copy of this order as well as the instant original application.
8. In the interim, respondents are directed not to take any coercive action against the applicant till the disposal of the aforementioned representations.
9. Applicant is directed to serve copy of the O.A along with copy of this order to the Respondents within a week.
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10. Accordingly, the O.A. stands disposed of at the admission stage itself with no order as to costs.
(DR. SUMEET JERATH) (URMITA DATTA SEN)
MEMBER (A) MEMBER (J)
SS
O.A. No/0040/2024