Central Administrative Tribunal - Chandigarh
Kamal Dhingra vs Council Of Scientific & Industrial ... on 18 September, 2024
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CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
O.A. No. 60/920/2023
RESERVED ON: 11.09.2024.
PRONOUNCED ON: 18.09.2024
HON'BLE MRS. ANJALI BHAWRA, MEMBER (A)
Kamal Dhingra, Principal PS, Age - 46 years, Group - A, CSIR-CSIO,
Ministry of Science & Technology, Government of India, Sector 30-C,
Chandigarh - 160030.
...Applicant
(In Person)
VERSUS
1. Union of India through the Secretary, The Ministry of Science &
Technology, Council of Scientific & Industrial Research, Anusandhan
Bhawan, 2, Rafi Marg, Delhi - 110001.
2. The Director General, CSIR Hqrs, Anusandhan Bhawan, 2, Rafi Marg,
Delhi - 110001.
3. Head Hrdg, CSIR Complex, Library Avenue, Pusa, New Delhi - 110012.
...Respondents
(BY ADVOCATES: Mr. Sanjay Goyal, Sr. CGSC for R-1 and Mr. Vikas
Kuthiala for R2-3)
O R D E R(Oral)
Per: ANJALI BHAWRA, MEMBER (A):
1. Applicant has filed the instant O.A under section 19 of the Administrative Tribunal Act, 1985 seeking quashing the order dated 09.06.2022 and quash OM dated 30.12.2021 passed by the respondents in r/o. the petitioner and to give direction to respondents to issue fresh transfer order by posting the applicant in Delhi/NPL/Niscpr since there is no post of PPS in CSIO, Chandigarh as on today and also since he was eligible to be posted in Delhi since vacant posts were available at the time of transfer of the applicant.
2. Brief facts of the case are that the applicant got promoted to the Post of Principal Private Secretary (PPS) vide CSIR O.M. dated 29.12.2020. The 2 promotees were allowed posting at their present places of Postings, purely on provisional basis for the time being. After 1 year on the Recommendation of TPC (transfer and posting committee) CSIR, the DGCSIR approved the transfer and posting of the Principle Private Secretaries (PPSs) in Public interest vide its O.M dated 30.12.2021 with immediate effect transferring the applicant from CSIR Cx., Delhi to CSIO, Chandigarh. The applicant gave representation which was never replied. The applicant submits that he was transferred to the office where there was no post/no work. Copy of the representation dated 31.12.21 is placed herewith at Annexure- A-6. The applicant further submits that Sh. Harnek Singh, PPS who was transferred to NPL, Delhi from CSIO, Chandigarh in public interest did not join and has been transferred back to Chandigarh.The TPC, CSIR vide its OM dated 04.03.2022 disposed of applicant's Application/Request without acceding to the same, however, vide the same order dated 04.03.2022, the TPC, CSIR considered several others Applications / requests of transfer / retention (13 requests were considered) including many more through separate orders and the DG CSIR/Respondent No.2 approved the transfer / retention of requests of CCOs on the recommendations of the TPC, and did not consider the request of the applicant. The applicant submitted his Representation on 08.03.2022 to the Director General, CSIR/Respondent No.2 which was never replied. He further submits that one Smt. Mini Surendran, PPS who was also transferred in public interest from AMPRI, Bhopal to CGCRI Kolkata has been retained at AMPRI, Bhopal and one Smt. Deepa Charanjit joined as PPS on 31.12.2021 and the applicant joined as PPS on 30.12.2020 i.e. 1 year earlier than her. The applicant was not accommodated in the post at CSIR Hqrs and transferred, but Mrs. Deepa 3 Charanjeet, PPS who was promoted 1 year after the applicant was accommodated in CSIR Hqrs. The relieving order dated 09.06.2022 was issued by the Respondents relieving the applicant with immediate effect from 10.6.22 A/N even without allowing the applicant to pay his Govt. dues/without issuing mandatory no demand certificate and without giving any reply to his representations. The blank No demand proforma was provided to him on 10.6.22 alongwith the relieving order on 10.6.22. The applicant informed the respondents that he will continue his official work and continue coming to CSIR Complex until he pay his Govt. dues and get No demand certificate from office. He requested them to issue a fresh relieving order after issuing him the No demand. He did not receive any reply to any of his representations.
3. The applicant submits that he came to office after prior information to pay his Govt. dues/get no demand certificate. The applicant gave representations dated 15.6.2022, 20.6.2022 and 22.6.2022 which were not replied. He further submits that his salary was stopped without informing the applicant/ without giving reply to any of his representations, GPF of the applicant was sent to CSIO, Chandigarh even before his joining to Chandigarh. The applicant filed an OA No.1920/2022 in the Principal Bench of this Tribunal. It is submitted that there is only 1 post of PPS at CSIO, Chandigarh and 2 PPS were already working there. The applicant was the 3rd PPS transferred to CSIO. There were vacancies available in NPL and IGIB, Delhi at the time of the transfer/relieving of the applicant. The Principal Bench of this Tribunal in its order dated 25th July, 2022 directed the respondents to consider and decide the pending representations dated 10.6.2022 and 15.6.22 of the applicant. Applicant's name was deleted from the rolls of CSIR Cx. without allowing him to pay 4 his Govt. dues / without issuing mandatory no demand certificate. A review petition R.A No.64/2022 was filed which was dismissed vide order dated 02.09.2022. On the directions of CAT, PB to dispose of the representations, the respondents issued an OM dated 23.8.22 disposing off the representations dated 10.6.22 and 15.6.22 submitting that the applicant has not submitted his no demand even after 2 months and the applicant has given representations with the intention to delay his relieving from CSIR Cx. The applicant submits that the no demand proforma was submitted on 10.6.22 itself in office. Since the case was already subjudice vide RA NO. 64/2022- CAT filing date 16.8.22, Sh. L.S. Negi, Sr. Deputy Secretary, CSIR Hqrs sent an OM directing the applicant to join CSIO Chandigarh. Review Application was dismissed. The applicant filed a writ petition in Hon'ble High Court of Delhi. He submits that Official e-mails relating to transfer were deleted/destroyed while the case was subjudice before the Hon'ble High Court. Hon'ble High Court ordered that the applicant shall not be required to travel to Delhi to get his no dues completed and directs the applicant to join CSIO, Chandigarh and disposed of the petition. Applicant joined CSIO, Chandigarh on the directions of Hon'ble High Court. Applicant then filed Special Leave Petition in Hon'ble Supreme Court of India which was also dismissed. First Appellate Authority upholds the contention of the applicant (related to deletion of official records) and directs the respondents to provide all copies of e-mails sent/received within 15 days. He further submits that in a very recent transfer from Delhi to Chandigarh of Sh. IP Singh, Sr. Principal Scientist, only domain name of his e-mail was changed and he was able to access his old mail records also which clearly shows that 5 official e-mail records of the petitioner were deleted so that evidence could not be submitted in Hon'ble High Court/Supreme Court.
4. Respondents filed reply statement submitting that to save the increment and to enable all the promotees to join their promoted post before 01.01.2021, all the promotees including the Applicant were posted provisionally at their current place of posting. It was clearly mentioned in the order of posting that later on CSIR vide OM dated 30.12.2021 issued the new posting orders in respect of the promotees including the posting of Applicant to CSIO. Thus, the provisional posting orders were issued in the interest of the employees, so that they can join to the promoted post before 01.01.2021 as the cut-off date to the higher post is the 1st January. Applicant was transferred on 30.12.2021 and he is presenting the data received by him in the month of July, 2022. The staff position on 30.12.2021 was different to the July, 2022 and present time. Learned counsel for the respondents submits that two PPSs (the Applicant and Sh. Satish Kumar) are posted at CSIO. Sh. Satish Kumar is to be superannuated within next 10 months. It is further added that there are 04 PS/PPS posted presently, out of 04, 03 officers will be retiring soon. It is stated that the applicant is holding the post of CCO from 03.12.2010 having All India transfer liability and all of his tenure as CCO from 03.12.2010 till 10.06.2022, for twelve years (12 years) he has remained posted at a single station. i.e. New Delhi only. It is submitted that CSIR had considered all Government of India instructions/ other relevant guidelines and also suggestions from CCOs in the process of formulating TPC guidelines dated 01.01.2019. It adopted relevant provisions considering all aspects such as special needs of challenged children/self, serious chronic medical conditions of self or family members and 6 education of children in 10th or 12th class without prejudice to organizational interest. It is further submitted that the applicant, despite clear instructions to him that he had to join immediately and in any case within a period of 30 days, did not request or intimate the date to be relieved from CSIR, even after lapse of more than 05 months. Therefore, he was stood relieved vide order dated 09.06.2022. This issue has already been examined and disposed of by Hon'ble CAT, New Delhi and Hon'ble High Court had already given him time of one week to complete the formalities of no dues vide order dated 06.10.2022. Liberty was also given to him to complete the formality from Chandigarh, if he is not able to complete it in one week. It is further stated that as per practice, applicant was relieved from CSIR Complex with a request to complete and submit No Dues Certificate at the earliest so as to enable CSIR Complex to clear his pending dues. Applicant was transferred vide CSIR OM dated 30.12.2021 with the direction to join the new place of posting immediately and in any case within one month. Regarding the representation of applicant, it is submitted that representation dated 31.12.2021 was considered by TPC, but the same was not acceded to and pending representation cannot be a ground for non-joining to the new place of posting. He again submitted representations only to delay his joining. Ms. Mini Surendren and Smt. Deepa Charanjit, it is submitted, are retiring in next three years.
5. The respondents further pleaded that the applicant is still a part of the CSIR system and the No Dues formalities may be completed by transferred officers in due course which in no way affects the joining of an officer at new place of posting.
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6. The applicant filed rejoinder rebutting the submissions of the respondents stating that O.A was filed after taking permission/liberty by CAT Chandigarh Bench vide its order dated 30.08.2023 and he has filed this O.A due to emergence of new facts/evidences related to this case. He relied on para 5A of Transfer and Posting Guidelines and submitted that requests for retention at the present station may be considered upto the end of Board examinations in case children are studying in 10th or 12th class and the CCO has already intimated this fact in advance. He alleged that he was transferred three years before the vacancy arose. He submitted that his representations were not replied in time, i.e., within 30 days. Hence, he was waiting for reply to his representation.
7. I have heard learned counsel for both sides and perused the records available. The Rule position relied on by the applicant in Guidelines for Transfer and Posting of Group „A‟ & „B‟ Common Cadre Officers (CCOs) of CSIR states as follows:
"5A. Requests for retention at the present station may be considered upto the end of board examinations in case the child(ren) is/are studying in 10th or 12th Class and the CCO and concerned has already intimated this fact in advance."
8. Clause 5A clearly says „may‟, thus it is for the respondents, as respondents have explained in their reply statement, to see as to how to plan their manpower in order to ensure that work does not suffer. In this case applicant has already joined the place of posting after the order of Hon‟ble High Court dated 06.10.2022 against which the SLP filed by him was also dismissed vide order dated 13.01.2023.
9. In view of the above and the fact that the earlier order passed by the Principal Bench of this Tribunal in O.A No.1920/2022, the representation has already been disposed of vide O.M dated 23.08.2022, as per the 8 directions. In view of the fact that he had already joined CSIO, Chandigarh with respect to the order dated 30.12.2021 with effect from 10.10.2022 after the order of Hon‟ble High Court dated 06.10.2022 and is already working. The orders given in O.A 1920/2022 has already been complied with, thus the present O.A No.920/2023 is dismissed as devoid of merits.
10. No costs.
11. Pending M.A, if any, is also stands disposed of accordingly.
(ANJALI BHAWRA) Member (A) bp