Central Administrative Tribunal - Delhi
Chain Singh vs Union Of India And Others Through on 9 August, 2011
CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH O.A. No.2375/2011 New Delhi this the 9th day of August, 2011 Honble Mr. Shailendra Pandey, Member (A) Chain Singh, S/o Late Shri Baljeet Singh, R/o H. No. 80/18-B, Malviya Nagar, Delhi. -Applicant (By Advocate: Shri M.K. Bhardwaj) Versus 1. Union of India and others through its Secretary, Ministry of Defence, South Block, New Delhi. 2. Engineer-in-Chief, Engineer-in-Chiefs Branch, Integrated HQ of MOD, Kashmir House, New Delhi. 3. The Director General (Pers), Engineer-in-Chiefs Branch, Integrated HQ of MOD, Kashmir House, New Delhi. 4. The Chief Engineer, Western Command, C/o 56 APO. -Respondents (By Advocate: Shri Rajesh Katyal with Shri Sheo Prasad Ram, Jt. Director (Legal) and Shri Jasbir Singh, Admn. Officer) ORDER (Oral)
The applicant, a Junior Engineer (QS&C) in the Military Engineer Services (MES), has challenged the respondents orders dated 26.05.2011 and 28.06.2011, inter alia, on the ground of being discriminatory and in violation of the transfer policy issued by the respondents themselves in May 2008 for effecting transfers of JEs and other Group C & D Staff in MES.
2. In terms of order dated 11.07.2011, notice had been issued to the respondents and the impugned order had been directed not to be given effect to till the next date (s) of hearing.
3. Today, finally, the respondents have entered appearance through their counsel Shri Rajesh Katyal, who states that the OA is pre-mature inasmuch as the applicant has already submitted a representation to the competent authority, which is under active consideration and would be decided in accordance with the rules and keeping in view the various guidelines and instructions issued in the transfer matters as well as the exigencies of service. He, therefore, seeks a direction, on instructions from the departmental officers (Shri Sheo Prasad Ram, Jt. Director (Legal) and Shri Jasbir Singh, Admn. Officer, who are present in the Court), to let the competent authority decide the representation in the first instance. He also states, on instructions, that till such representation is decided, the status quo in respect of the transfer of applicant will be maintained.
4. Learned counsel for the applicant has agreed to this. He has also produced a copy of the letter dated 18.07.2011 issued by Respondent No.2 addressed to the Chief Engineer, Western Command, Chandimandir relating to Posting/Transfer under CML:JE (OS&C) and requests that this may also be taken into account while deciding the representation of the applicant.
5. In view of the above, this OA is disposed of, on consensual basis, with a direction to the respondents to look into the pending representation of the applicant and take a considered decision on the applicants representation against his transfer taking into account the issues raised in his representation as well as the letter in para 4 above. The grounds raised in the OA may also be treated as a supplementary representation of the applicant. The decision taken in the matter should be communicated to the applicant through a reasoned and speaking order on the subject. Till the issue of such order, the status quo in the matter may be maintained, as agreed to by the learned counsel for the respondents.
6. It is made clear that this order would cover the case of the applicant only and will not be taken as a precedent.
7. Issue Dasti.
(Shailendra Pandey) Member (A) cc.