Allahabad High Court
Union Of India & Others vs Raj Bahadur & Another on 10 August, 2010
Bench: Ashok Bhushan, Virendra Kumar Dixit
Court No. - 35 Case :- WRIT - A No. - 16204 of 2001 Petitioner :- Union Of India & Others Respondent :- Raj Bahadur & Another Petitioner Counsel :- Indal Singh Respondent Counsel :- S.K.Om Hon'ble Ashok Bhushan,J.
Hon'ble Virendra Kumar Dixit,J.
Heard Sri Alok Kumar Rai, learned counsel appearing for the petitioners and Sri S.K. Om, learned counsel for the respondent no. 1.
By this writ petition, petitioners have prayed for quashing the Judgment and order dated 25.1.2001 passed by the Central Administrative Tribunal, Allahabad Bench, Allahabad (Annexure No. 5 to the writ petition) by which order the original application filed by the respondent no. 1 challenging his transfer order has been allowed. The Tribunal while quashing the transfer has recorded following findings in paragraph nos. 8 and 9:-
"8. From the facts and cirucumstances of the case and the law handed down on different occasions as referred above, the controversy comes to rest with the finding that the General Manager of one zone is not competent to pass transfer order transferring an employee from one division/zone to other division/zone, whereas the applicants in both the O.As have been transferred from one division/zone to the other by the General Manager of the division/zone in which they were working.
9. With the finding that the impugned orders have been passed beyond the jurisdiction, there remains no need to take up the other issues raised from the side of the respective applicants."
Learned counsel for the petitioners has not been able to place before the court any provision or circular authorising General Manager of one zone to transfer an employee to another zone. No error could be pointed out in the finding recorded by the Tribunal as is quoted above. We find no error in the impugned order of the Tribunal which may warrant exercise of our writ jurisdiction.
Accordingly, the writ petition is dismissed with the above observation.
Order Date :- 10.8.2010 Ram Murti