Central Administrative Tribunal - Delhi
Shri Ashok Kumar Gupta vs Union Of India (Uoi) And Ors. (Through ... on 18 September, 2006
ORDER Shanker Raju, Member (J)
1. Heard the learned Counsel for the parties.
2. Applicant impugns his transfer from Idgah, Agra Division to Allahabad Division on the ground of pending disciplinary proceedings, which has been concluded for want of a final order.
3. It is stated that as per Railway Boards letter dated 25.1.1969 on conclusion of the inquiry and to its outcome, a railway servant, who has been transferred, efforts should be made to transfer him back in the original unit of seniority. The relevant para of aforesaid letter dated 25.1.1969 is reproduced as under:
4.8 Transfer of Railway servants from one unit of seniority to another unit of seniority on administrative grounds except on promotion / due to shrinkage of cadre / legal requirements etc., should be ordered rarely and in public interest only e.g., in cases where the conduct of an employee is under investigation or where in the interests of the Administration it is considered that the Railway servant should be kept at another station. In such cases of transfer, the Railway servants so transferred are given protection of seniority, causing hardship to the staff awaiting promotion in the unit to which they have been transferred. Therefore, such transfers should be ordered only when absolutely inescapable. Where an enquiry is pending against the Railway servant, the same should be processed expeditiously and the matter finalized as early as possible, so that the Railway servant may be transferred back to his original unit of seniority
4. In the light of above when the aforesaid have force of law and are not consistent with rule rather supplementing the rules, the present OA stands disposed of with a direction to the respondents to pass a final order in the pending disciplinary proceedings within a period of four weeks from the date of receipt of a copy of this order. Subject to the outcome, the respondents shall also consider transferring the applicant back to his original unit of seniority as per Railway Board's letter dated 25.1.1969. Till then status quo, as already maintained, regarding working of the applicant shall be continued by the respondents. No costs.