Central Administrative Tribunal - Delhi
Shri Bhagwati Prashad vs Union Of India Through on 15 October, 2012
Central Administrative Tribunal Principal Bench, New Delhi O.A.No.3205/2012 Monday, this the 15th day of October, 2012 Honble Shri G George Paracken, Member (J) Shri Bhagwati Prashad s/o Shri Dharam Raj Blacksmith Working under Section Engineer (Works) Northern Railway, Jind ..Applicant (By Advocate: Ms. Meenu Mainee) Versus Union of India through 1. General Manager Northern Railway Baroda House, New Delhi 2. Divisional Railway Manager Northern Railway DRM Office State Entry Road, New Delhi 3. Shri Deepak Kumar Assistant Engineer Northern Railway through DRM, New Delhi 4. Shri S K Goyal Section Engineer (Works) Northern Railway Railway Station, Jind (Haryana) ..Respondents O R D E R (ORAL)
The applicant is aggrieved by the alleged illegal, arbitrary, discriminatory, unjustified and mala fide order passed by respondent No.3 transferring him from Jind Railway Station to Jakhal. According to him, respondent No.3 had no power to transfer him. Secondly, he is due for his retirement on superannuation on 31.01.2014. Thirdly, his daughter is studying in 11th Class and transferring him in the mid term will adversely affect her studies. He has also stated that the aforesaid action of the Respondents is against the judgments of the Apex Court and other courts in this regard.
The learned counsel has also invited my attention to the similar order passed by the respondents earlier also against which the applicant had approached this Tribunal vide OA No. 1509/2010. It was disposed of on 11.05.2010 directing the respondents to decide his representation and pass a reasoned and speaking order. According to the applicant after the aforesaid order has been passed by this Tribunal, the respondents did not take any further action on the transfer order. However, now they have again passed the same order transferring him from Jind Railway Station to Jakhal.
2. I have heard the learned counsel for the Applicant, Mrs. Meenu Mainee. It is seen that the applicant has not been attending his office from 08.09.2012. According to him, he is on medical leave and he has applied for leave from that date. He has also stated that when he came to know about his transfer he made a representation to the Assistant Divisional Engineer, Jind dated 08.09.2012 and it is still pending.
3. In the above facts and circumstances of the case, I dispose of this OA with a direction to respondent No.2 to consider the representation of the applicant particularly on the aforestated three grounds taken by him that (i) the transfer order has been passed in this case by an incompetent authority, (ii) he is not liable to be transferred as he is due for retirement on superannuation on 31.01.2014 and (iii) his daughter is studying in 11th class and in the midterm, such transfers are not permissible. Let the respondents may also take decision on the aforesaid representation by way of a reasoned and speaking order under intimation to the applicant. Till such time he shall be retained at the present place of posting and no coercive action shall be taken by the respondents forcing him to join at Jakhal.
4. With the above directions, this OA is disposed of. There shall be no order as to costs.
( G. George Paracken ) Member (J) vb