Central Administrative Tribunal - Bangalore
R Murugan vs Bhabha Atomic Research Centre on 18 March, 2025
1 OA 145/2025/CAT/BANGALORE BENCH
CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH, BENGALURU
ORIGINAL APPLICATION NO.170/00145/2025
DATED THIS THE 18TH DAY OF MARCH, 2025
HON'BLE MRS. JUSTICE S. SUJATHA ...MEMBER(J)
HON'BLE DR.SANJIV KUMAR ...MEMBER(A)
Shri R.Murugan,
S/o V.Ramaswmy,
Aged about 57 years,
Working as Scientific Officer-G,
Bhabha Atomic Research Centre-
Rare Materials Project,
P.B.No.1, Yelwal (P.O.),
Mysuru-571130,
Under an order of posting to Chemical
Technology Group,
Bhabha Atomic Research Centre,
Trombay Mumbai -400085.
Residing at B-102, Priyam,
Rajarajeshwari Nagar,
Mysore-570033. ....Applicant
(By Advocate, Shri Prithveesh M.K.)
Vs.
S SARALADEVI
S CAT, BANGALORE
SARALADEVI2025.03.19
10:38:46-12'00'
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1. The Union of India,
Represented by its Secretary,
Department of Atomic Energy,
Anushakti Bhavan,
Chhatrapati Shivaji Maharaj Marg,
Mumbai-400001.
2. Bhabha Atomic Research Centre,
Represented by its Director,
Trombay,
Mumbai-400085.
3. The Associate Director,
Bhabha Atomic Research Centre,
Chemical Technology Group,
Rare Materials Project,
P.B.No.1, Yelwal (P.O.),
Mysuru-571130. ...Respondents
S SARALADEVI
S CAT, BANGALORE
SARALADEVI2025.03.19
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ORDER (ORAL)
Per: Justice S.Sujatha ...........Member(J)
The applicant has filed this original application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:
"(a) Call for the records from the Respondents;
(b) Issue writ or order quashing the impugned Office Order dated 07/03/2025 approved by the 2nd Respondent and issued by the 3rd Respondent bearing No.G/42/0112/ ापना II/ Estt.II/1/ 92131/2025(Annexure A8) and consequently permit the applicant to discharge duties in the PF-RCF Section, Rare Materials Project, Mysore, in the 2nd Respondent-Centre, as per the Office Order dated 26/02/2025 (Annexure A7) in the interest of justice and equity;
(c) Pass any other appropriate order as this Hon'ble Tribunal deems fit in the facts and circumstances of the case, including the cost of this application."
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2. The facts in brief as narrated by the applicant are that he was initially appointed as Scientific Assistant Grade-A on 10.06.1987. Thereafter, the applicant was promoted as Scientific Assistant, Grade-B and C in 1990 and 1993, respectively. Pursuant thereto, the applicant was promoted as Scientific Officer Grade-B in 1996 and subsequently gained promotions to Grade-C, D, E, F on several dates and to Grade-G on 01.07.2022. Presently the applicant is working as Scientific Officer Grade-G. While working so, the applicant was placed under suspension vide order dated 01.12.2023 in contemplation of disciplinary proceedings. The suspension of the applicant was extended with effect from 03.03.2024 to 29.08.2024. On 01.03.2024, a Memorandum containing the Statement of Articles of charge was drawn and came to be issued to the applicant on 13.04.2024. Inquiry Officer was appointed to enquire into the charges levelled against the applicant on 23.04.2024. Subsequently, vide order dated 26.08.2024, the suspension of the applicant once again came to be extended from 30.08.2024 to 25.02.2025. Things standing thus, vide office order S SARALADEVI S CAT, BANGALORE SARALADEVI2025.03.19 10:38:46-12'00' 5 OA 145/2025/CAT/BANGALORE BENCH dated 25.02.2025 the suspension of the applicant came to be revoked. The very next day, the applicant was issued with office order dated 26.02.2025 posting the applicant to PF-RCF Section and the applicant was directed to report to the Project Manager, O&MRCP, Mysore for further assignment. Within nine days from the applicant reporting to duty at Mysore, the impugned office order dated 07.03.2025 came to be issued by the 3rd Respondent which was approved by the 2nd Respondent, transferring the applicant from Rare Materials Project, Mysore to Chemical Technology Group, Mumbai. The applicant was further directed to be relieved on 10.03.2025. Being aggrieved, the applicant has preferred this OA.
3. Learned Counsel Shri Prithveesh M.K., representing the applicant submitted that the applicant's father aged about 96 years is suffering from Bowlegs with Osteoarthritis which has led to his disability and his movement is completely restricted. In addition, he suffers from Lung, heart issues and Alzheimer disease. Applicant's mother aged about 85 years suffered multiple fractures S SARALADEVI S CAT, BANGALORE SARALADEVI2025.03.19 10:38:46-12'00' 6 OA 145/2025/CAT/BANGALORE BENCH to her Hip and Thigh bone and underwent surgeries which had led to her immobility. She also suffers from cardiac issues. As such frequent and regular visits of the applicant to his native place are necessary to take care of the medical requirements of his aged parents. Recently, the applicant has been diagnosed with tumour growth in his brain which requires frequent follow up and proper treatment. Narrating the said problems now faced by the applicant, a representation has been forwarded to the respondent authorities through email on 17.03.2025. Accordingly, seeks for protection from the impugned transfer order till his representation is considered by the respondent authorities.
4. Learned Counsel for the applicant has filed a memo along with the copies of the following documents:
1) Copies of the email dated 17.03.2025;
2) Copies of the representation dated 17.03.2025
3) Copies of the Medical Reports of the Applicant's mother.
4) Copies of the Medical Reports of the Applicant's father.
5) Copies of the Medical Reports of the Applicant.
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5. The said memo along with the aforesaid documents is taken on record.
6. Having heard the learned Counsel for the applicant and perusing the material on record, we are of the considered view that the interest of justice would be sub-served in directing the respondents to consider the representation dated 17.03.2025 submitted by the applicant through E-mail and take a decision in an expedite manner, in any event not later than two weeks from the date of receipt of certified copy of the order. Till such decision is taken, the impugned transfer order dated 07.03.2025 approved by the Respondent No.2 and issued by the Respondent No.3 (Annexure A8) shall not be given effect to. Ordered accordingly.
7. OA stands disposed of, in terms of above.
No order as to costs.
sd/- sd/-
DR.SANJIV KUMAR (JUSTICE S.SUJATHA)
MEMBER(A) MEMBER(J)
sd.
S SARALADEVI
S CAT, BANGALORE
SARALADEVI2025.03.19
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S SARALADEVI
S CAT, BANGALORE
SARALADEVI2025.03.19
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