Meghalaya High Court
Customs Central Excise & Service Tax And ... vs The Union Of India And Ors on 24 March, 2014
Author: Chief Justice
Bench: Chief Justice
THE HIGH COURT OF MEGHALAYA
MC No. 66 of 2014
IN WP(C) No. 80 of 2014
1. Customs Central Excise & Service Tax, Group 'D' Non
Gazetted Officers' Association, Commissionerate of
Central Excise & Customs, NER, Shillong-1.
2. Shri Sakil Syiemiong, Assistant General Secretary, r/o
Laban, Shillong, working in the Office of the Assistant
Commissioner Central Excise Division, Nongrim Hills,
Shillong.
3. Shri Ratan Gurung, President of the Association, O/o
the Assistant Commissioner, Shillong Customs Division,
Barapathar, Shillong-2.
4. Shri Bimal Chandra Kalita, Joint Secretary working at
Aizawl Customs Division, Aizawl, Mizoram.
.......Applicants
-Versus-
1. The Union of India, represented by the Secretary, to the
Govt. of India, Ministry of Finance, Department of
Revenue, North Block, New Delhi-110001.
2. The Chief Commissioner, Central Excise & Customs
Shillong Zone, NER, Crescens Building, MG Road,
Shillong-793001.
3. The Joint Commissioner (CCO) 3rd Floor, Crescens
Building, MG Road, Shillong-793001.
....... Writ Petitioners/Respondents
Shri MF Qureshi, Advocate, present for the Applicants. Smti T Yangi, Advocate, present for the respondents. Date of hearing 24 th March, 2014 Date of Judgment and Order 24th March, 2014 2 HON'BLE THE CHIEF JUSTICE and HON'BLE MR. JUSTICE T NANDAKUMAR SINGH JUDGMENT AND ORDER ORAL: HON'BLE PRAFULLA C. PANT, CHIEF JUSTICE Heard.
2. By means of this application, the respondents (in the writ petition) have sought vacation of the interim order dated 19.03.2014 passed by this Court in WP(C)No. 80 of 2014, whereby, operation of the impugned award dated 28.02.2014, passed by Central Administrative Tribunal, Guwahati, Division Bench in OA No. 40 of 2014 was stayed.
3. Briefly stated the applicants are the employees of the Customs and Central Excise & Service Tax Department, Govt. of India. They challenged their transfer order of members of the association of the employees of said department before the Central Administrative Tribunal (C.A.T.), Guwahati, and the Tribunal without taking version of the department, vide its award dated 28.02.2014 disposed of the application (OA No. 40 of 3 2014) and directed the writ petitioners department to consider the representation of the present respondents and to review the Establishment Order No. 36/2014 dated 21.02.2014, whereby, transfer orders were issued, keeping in mind the transfer guidelines issued in the year 2006.
4. Learned counsel for the present applicants submitted before this Court that the interim order passed by this Court in the writ petition staying the operation of the order passed by CAT, be vacated as under the said order, the department is implementing the transfer orders challenged before the Central Administrative Tribunal.
5. On the other hand, learned counsel for the writ petitioners submitted that most of the employees whose names figured in the transfer list dated 21.02.2014 are not covered by the guidelines as they are locally transferred in Shillong from one formation to another for e.g. from Customs Department to Central Excise & Service Tax, and vice versa. Out of 28 employees, names figured in the transfer list, only 6 persons are transferred from one place to another.
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6. In the above circumstances, after hearing the parties, stay vacation application (Misc. Case No. 66 of 2014) is disposed of with the observation that the transfer order of the employees who are locally transferred from one formation to another formation of the Department of Customs, Central Excise and Service Tax Department, is not interfered with. However, in respect of 6 employees who are transferred to Dibrugarh and Guwahati, they shall not be relieved till the next date of listing of the writ petition, provided they are not already relieved.
7. Misc. Case stands disposed of.
(Hon'ble Mr Justice TNK Singh) (Prafulla C Pant)
JUDGE CHIEF JUSTICE
dev
24.03.14