Central Administrative Tribunal - Kolkata
Amar Prasad Patra vs South Eastern Railway on 27 August, 2024
1 O.A./350/1197/2024
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH
KOLKATA
OA.350/1197/2024
Date of Order: 27.08.2024.
Coram: Hon'ble Smt. Urmita Datta (Sen), Judicial Member
Hon'ble Mr. Anindo Majumdar, Administrative Member
Amar Prasad Patra, Son of late Sudhir Chandra Patra, aged
about 54 years, working as Train Ticket Inspector (TTI) (Group-
C) under the control of Sr. Divisional Commercial Manager,
South Eastern Railway, Kharagpur at present residing at
Bhawanipur, P.O. Kharagpur, P.S. Town Thana, District -
Paschim Midnapur, Pin - 721301.
...Applicant
- Vs -
1. Union of India, through General Manager, S. E. Railway,
Garden Reach, Kolkata - 700043.Email
ID: [email protected]
2. Divisional Railway Manager, S. E. Railway, Kharagpur, Pin -
721301. Email ID: [email protected]
3. Sr. Divisional Personnel Officer, S. E. Railway, Kharagpur, Pin
- 721301. Email ID: [email protected]
4. Sr. Divisional Commercial Manager, S. E. Railway, Kharagpur,
Pin - 721301. Email ID: [email protected]
5. Chief Ticket Inspector (IC) Kharagpur Station Squad, AM, S. E.
Railway, Kharagpur, PIN- 721301, Emai
ID: [email protected].
..........Respondents
For the Applicant : Mr. C. Sinha; Counsel
: Mr. S. Roy; Counsel
For the Respondents : None
2 O.A./350/1197/2024
O R D E R (O R A L)
Per: Hon'ble Smt. Urmita Datta (Sen) (J):
1. Ld. Counsels for the applicant are present and are heard.
2. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, praying for the following relief(s):-
"a) To set aside and quash impugned Office Order No. SER/P-KGP/EC/ 235/1/Transfer/64/2024 dated 05.07.2024 issued by the Sr. Divisional Personnel Officer, South Eastern Railway, Kharagpur.
b) To set aside and quash impugned letter dated 07.08.2024 issued by CTI (I/C), KGP/STN/SQD/AM, S.E Railway, Kharagpur.
c) To direct the respondents to allow the applicant to function at Kharagpur as TTI.
d) Any other order or orders as the Hon'ble Tribunal deems fit and proper".
3. Ld Counsel for the applicant submits that the applicant has filed the instant OA challenging the transfer order dtd. 05.07.2024 as well as the impugned letter dtd. 07.08.2024. The applicant was working as TTI at Medinipur. As per the Ld Counsel for the applicant, vide order dtd. 25.06.2024 (Annexure- A1) issued by the Sr. Divisional Comml. Manager, Kharagpur, the Medinipur Ticket Checking Base has been withdrawn and has been merged with the Kharagpur Ticket Checking by only keeping Sri A. A. Khan as the CTI In-Charge of the merged unit. Thereafter, the applicant has joined at Kharagpur. Subsequently, vide order dtd. 05.07.2024 the applicant has been transferred to Bagnan under Kharagpur Division and thereafter vide another impugned order dtd. 07.08.2024 his name was removed from Kharagpur Ticket Checking Unit. However, as per the applicant since there is no Ticket Checking Base at Bagnan, he made a representation dtd. 07.08.2024 to the Sr. Divisional Commercial Manager, S E Railway, Kharagpur Division, Kharagpur, in this regard. However, the representation of the applicant dtd. 07.08.2024 has not been considered till date.
3 O.A./350/1197/2024
4. Ld Counsel for the applicant submits that the applicant will be satisfied if this Tribunal directs the Sr. Divisional Commercial Manager, S. E. Railway, Kharagpur Division, Kharagpur, to consider the pending representation of the applicant within the stipulated period of time. He further submits that affidavit of service has already been filed which has been kept on record.
5. In view of the above, Respondent no. 4 i.e. Sr. Divisional Commercial Manager, S E Railway, Kharagpur Division, Kharagpur, is directed to consider the pending representation of the applicant dtd. 07.08.2024 and intimate the decision to the applicant by way of a reasoned and speaking order within a period of 04 weeks from the date of receipt of certified copy of this order. The respondents are also directed not to take any coercive action against the applicant till the disposal of the representation.
6. We make it clear that we have not gone into the merit of the case. All points are kept open for consideration by the respondents.
7. With the above directions the OA is disposed of. There will be no order as to costs.
(Mr. Anindo Majumdar) (Smt. Urmita Datta (Sen))
Member (A) Member (J)
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