Punjab-Haryana High Court
Gobind Singh Rana vs Pspcl And Ors on 28 November, 2014
Author: Harinder Singh Sidhu
Bench: Harinder Singh Sidhu
CWP No.1698 of 2014 - 1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No.1698 of 2014
Date of Decision: 28.11.2014
Gobind Singh Rana Petitioner
Versus
Punjab State Power Corporation Limited
and another Respondents
CORAM: HON'BLE MR. JUSTICE HARINDER SINGH SIDHU
Present: - Mr. N.S. Malmajra, Advocate
for the petitioner.
Mr. G.S. Ghuman, Advocate
for the respondent - Corporation.
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HARINDER SINGH SIDHU, J.
This petition has filed praying for direction to quash order dated 05.12.2013 (Annexure P-5) and order dated 12.12.2013 (Annexure P-6), whereby, the petitioner has been transferred from Agar Nagar Division Khas, Ludhiana (Unit No.1) to Sub Urban Area, Dhakha Division, Hambra.
The petitioner is working as Lineman with the respondent-Corporation and was posted at Sarabha Nagar ATUL KUMAR TRIPATHI 2015.04.07 15:13 I attest to the accuracy and integrity of this document CWP No.1698 of 2014 - 2- Complaint Centre, Ludhiana. He states that he is due to retire in October, 2015. He is an honest and hardworking worker. During his service, he had given many complaints against persons/ employees, who were indulging in theft of the electricity because of which, those employees got jealous of him and started harassing him on one pretext or the other. It is averred that instead of rewarding the petitioner and chastising the employees, who were harassing him, the respondents succumbed to pressure of employees and other powerful interests and transferred the petitioner from Agar Nagar Division Khas, Ludhiana (Unit No.1) to Sub Urban Area, Dhakha Division, Hambra despite the fact that the petitioner has only about 1½ years of service as he is due to retire in October, 2015.
Reply has been filed on behalf of the respondents. The allegations in the petition have been denied. It has been stated that while the petitioner was posted at Sarabha Nagar Sub-Division Ludhiana under Agar Nagar Division, Ludhiana, a complaint was submitted by one Kaur Chand, Lineman having signatures of 35 other employees of the department, in which it was alleged that the ATUL KUMAR TRIPATHI 2015.04.07 15:13 I attest to the accuracy and integrity of this document CWP No.1698 of 2014 - 3- petitioner had physically assaulted and hurled abuses at the complainant Kaur Chand. The petitioner had also submitted a complaint to Assistant Executive Engineer (Technical), Agar Nagar Unit No.1, Ludhiana, wherein he had expressed his fear from the staff of his office. Acting on the complaint, Assistant Executive Engineer (Technical), Agar Nagar Unit No.1, Ludhiana, recommended to Deputy Superintendent Engineer, Agar Nagar Division, Ludhiana to transfer the petitioner out of the Sub Division. Accordingly, the petitioner was transferred from Agar Nagar Division Khas, Ludhiana (Unit No.1) to Sub Urban Area, Dhakha Division, Hambra vide order dated 12.12.2013. Thereafter, the petitioner absented from duty on 17.12.2013 without informing anybody or submitting any leave application. He re-joined duty only on 19.02.2014 at Sudhar Sub-Division. Thus, he remained absent from duty without leave from 17.12.2013 to 18.02.2014 i.e. for 64 days. As many as four letters were sent to the petitioner to join duty, however, no response from his side was received. Due to his absence from duty, the petitioner was transferred from Hambra Sub Division to Sudhar Sub Division vide order dated 19.02.2014. ATUL KUMAR TRIPATHI 2015.04.07 15:13 I attest to the accuracy and integrity of this document CWP No.1698 of 2014 - 4-
A departmental enquiry has been instituted to investigate the reason for the absence of the petitioner from 17.12.2013 to 18.02.2014. The allegation that the petitioner was transferred due to any political pressure has been denied and it has been stated that the complaints submitted by the petitioner from time to time were duly enquired into and strict action was taken against the offenders.
Learned counsel for the petitioner contends that the transfer has been effected because the petitioner has annoyed many unscrupulous employees and powerful elements, who were indulging in theft of electricity and he has been victimized on account of his honesty and uprightness.
Learned counsel for the respondents has denied the allegations and stated that there is no question of victimization. The first transfer of the petitioner from Agar Nagar Division Khas, Ludhiana (Unit No.1) to Sub Urban Area, Dhakha Division, Hambra was on the request of the petitioner as he himself had complained that the employees, who were members of joint forum, used to taunt him and even tried to attack him. His further transfer from Hambra ATUL KUMAR TRIPATHI 2015.04.07 15:13 I attest to the accuracy and integrity of this document CWP No.1698 of 2014 - 5- Sub Division to Sudhar Sub Division was due to shortage of linemen at Sudhar Sub Division. He further states that both Hambra Sub Division as also Sudhar Sub Division are in the same Sub Division of Adda Dhakha and are at an equal distance from Adda Dhakha though in the opposite direction. The petitioner is a resident of Ludhiana and has suffered no prejudice on account of the transfer.
After hearing learned counsel for the parties, I am of the view that action of the respondents in transferring the petitioner appears to be bona fide. The concerns of the petitioner and the requirement of the department have been adequately taken care of. Thus, there is no ground to interfere with the aforesaid transfer orders.
Dismissed.
28.11.2014 (HARINDER SINGH SIDHU)
Atul JUDGE
ATUL KUMAR TRIPATHI
2015.04.07 15:13
I attest to the accuracy and
integrity of this document