Central Administrative Tribunal - Kolkata
Naba Sankar Banerjee vs Comptroller And Auditor-General Of ... on 18 July, 2024
1 OA 221/2019
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH
KOLKATA
O.A. 350/00221/2019
M.A. 350/674/2019
Date : 18.07.2024
Coram: Hon'ble Mr. Jayesh V. Bhairavia, Judicial Member
In the matter of :
Naba Sankar Banerjee,
Son of Late Himangshu Kumar Banerjee, aged about 54 years,
residing at Aswini Pally, School Road, Barasat, 24-Paraganas
(North), Kolkata- 700124 and working to the post of Divisional
Accounts Officer Grade-I in the Basirhat Irrigation Division, Basirhat
in the office of the Deputy Accountant General (A/Cs & VLC) under
the control and authority of the Principal Accountant General
(A&E), West Bengal, Treasury Building, Kolkata-700001.
......Applicant
Vs.
1. Union of India, service through the Comptroller and Auditor
General of India, Indian Audit and Accounts Department, Pocket 9,
Deen Dayal Upadhyaya Marg, New Delhi- 110124.
2. The Comptroller and Auditor General of India, Indian Audit and
Accounts Department, Pocket 9, Deen Dayal Upadhyaya Marg, New
Delhi- 110124.
3. The Principal Accountant General (A&E), West Bengal, Treasury
Buildings, 2, Govt. Place (West), Kolkata-700001.
4. The Deputy Accountant General (A/Cs & VLC) in the office of the
Principal Accountant General (A&E), West Bengal, Treasury
Building, 2, Govt. Place (West), Kolkata- 700001.
5. The Accounts Officer/WM, in the office of the Principal
Accountant General (A&E), West Bengal, Treasury Building, 2, Govt.
Place (West), Kolkata-700001.
6. The Executive Engineer, Basirhat Irrigation Division, Irrigation &
Waterways Directorate, Post Office- Dhaltitha via Basirhat, District-
24 Parganas (North), Pin- 743412.
................Respondents
2 OA 221/2019
For the Applicant : Mr. P. C. Das, Counsel
Ms. T. Maity, Counsel
For the Respondents : Mr. S. Basu, Counsel
O R D E R(Oral)
Per: Jayesh V. Bhairavia, Judicial Member
1. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, praying for the following relief:
"a) To quash and/or set aside the impugned transfer order dated 31.12.2018 issued by the Deputy Accountant General (A/Cs & VLC) in the office of the Principal Accountant General (A&E), West Bengal, Treasury Building, Kolkata by which your applicant has been transferred from Basirhat Irrigation Division, Basirhat to Jhargram Highway Division, Jhargram wherein the name of the applicant appeared at serial no. 18 in the Annexure-II without considering the option submitted by the applicant by violation of the office memo dated 30.09.2009 issued by the DoP&T as because the wife of the applicant is a State Government employee and his daughter is a new-born baby who is under the medical supervision for various ailments being Annexure A-4 of this original application;
b) To quash and/or set aside the impugned office order No. PAGAEWB/03/57/50/192 dated 7th February, 2019 issued by the Accounts Officer/ WM in the office of the Principal Accountant General (A&E), West Bengal, Treasury Building, Kolkata by which the applicant is directed to join duty in transfer place by 12.02.2019 positively by way of threatening without considering of his representation dated 02.01.2019 being Annexure A-8 of this original application;
c) To pass an appropriate order directing upon the respondent authority to allow the applicant to resume duty to the post of Divisional Accounts Officer Grade-I in the Basirhat Irrigation Division, Basirhat without any disturbance to the applicant in the light of the office memo dated 30th September, 2009 issued by the DoP&T and further directed the respondents to post your applicant in the nearest office of his wife i.e., in the office of the Principal Accountant General (A&E), West Bengal, Treasury Building, Kolkata."
2. In the instant OA, it is the grievance of the applicant that while he was working as Divisional Accounts Officer, Grade-I in the Basirhat Irrigation Division, Basirhat in the office of the Deputy Accountant General (A/Cs & VLC) under the control and authority of the Principal Accountant General (A&E), 3 OA 221/2019 West Bengal, Treasury Building, Kolkata, he has been transferred to Jhargram Highway Division, Jhargram along with the additional charge under Jhargram Flood Management & Planning Division, I & WD vide order dated 31.12.2018 (Annexure-A/4) as well as the relieving order dated 07.02.2019 (Annexure- A/8).
This Tribunal, by way of an interim order dated 13.02.2019, after hearing Learned Counsel for both the parties, directed the respondents to maintain status quo qua the applicant as on date. It is not in dispute that after the interim direction was issued by this Tribunal, the applicant has been allowed to continue to work at Basirhat Irrigation Division as Divisional Accounts Officer, Grade-I which continues till date.
3. During the pendency of this OA, the respondents have filed an MA bearing no. 350/674/2019 for vacating the interim order. The said MA as well as the OA has been taken up for final hearing today.
4. It is brought to the knowledge of this Tribunal that the applicant herein is going to retire on attaining the age of superannuation on 31.08.2024. Under the circumstances, Learned Counsel for the applicant submits that since the interest of the applicant has been protected by this Tribunal by way of interim order and as such he is working at Basirhat Irrigation Division, he may be allowed to retire from the existing place of posting since he will be attaining the age of superannuation on 31.08.2024. In this regard, he further submits that liberty be granted to the applicant file one comprehensive representation/request before the competent respondent authority to allow him to continue at his existing place of posting.
5. On the other hand, Learned Counsel for the respondents Mr. S. Basu submits that due to administrative constraints, the applicant was ordered to 4 OA 221/2019 be transferred since his transfer to hard zone was due at the relevant time. However, he fairly submits that if the applicant files a comprehensive representation/ request for re-examination of his transfer order dated 31.12.2018, the same will be considered by taking into consideration the fact that he is attaining the age of superannuation on 31.08.2024. At this stage, this Tribunal appreciates the fair stand of Learned Counsel for the respondents.
6. In view of the above, the OA stands disposed of with liberty to the applicant to file a comprehensive representation/ request before the competent respondent authority, within a period of 02 (two) weeks from today. On receipt of it, the competent respondent authority shall consider it expeditiously, in not later than 02 weeks thereon, and intimate the decision to the applicant forthwith.
7. In view of the above, OA stands disposed of. MA(s) pending, if any, also stands disposed of. No costs.
8. Interim order shall continue till the respondents consider and decide the representation of the applicant, as directed hereinabove.
(Jayesh V. Bhairavia) Judicial Member sl