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We have carefully considered the submissions of the learned Counsel appearing for the petitioner in the light of the record available with us. We are of the considered opinion that so far as Rule 226 of the Indian Railway Establishment Code is concerned, the same does not debar the Respondents from transferring non-gazetted staff from one division to another division inasmuch as the said rule does not categorically prohibit such transfers although, it provides that such transfers shall not ordinarily be made. Even otherwise, the circular issued by the Railway Board on 2nd November, 1998 provides that inter-railway transfer of ticket checking staff detected to be indulging in malpractices is also possible and permissible on inter-divisional basis. The petitioner has stated in paragraph 3.9 of the writ petition that the petitioner was performing the duties of Booking Clerk, Ticket Collector, Parcel Clerk, Goods Clerk as also the duties of train passing as a Station Superintendent.
2. RBE No. 251/98 dated 2.11.1998 permits inter-divisional transfer of the staff in mass contact areas also, in addition to ticket checking staff when they are detected to be indulging in malpractices.
3. The expression also used in RBE 251/98 dated 2.11.1998 is not confined to cases where a person is repeatedly figuring in vigilance cases and where penalties have been imposed. In accordance with its plain grammatical meaning, it only extends the earlier instructions with respect to all the ticket checking staff and other staff in a mass contact areas.
4. The other question that staff could be transferred on inter-divisional basis on the basis of mere complaints does not arise in the facts of the case because a departmental inquiry has already been initiated against the present applicant, which is pending.

It is relevant to note that instructions on the above subject have been issued from time to time. On 19.2.1986 instructions were issued as follows:

4.7 Ticket checking staff, detected indulging in malpractices, should be sent on inter-Divisional transfer, as a matter of policy. They may be transferred to an adjoining Division on the same Railway. They may also be transferred to a Division on another Railway adjoining their parent Railway, if they make a request to that effect. The ticket checking staff, who have been so transferred out of the existing Division on complaints of corruption and later exonerated or awarded a penalty of censure should not be brought back to the parent Division, even if they so desire.

Thereafter circular dated 2.11.1998 was issued which reads as under:

1. In terms of existing instructions ticket checking staff detected to be indulging in malpractices, are required to be invariably sent on inter-divisional inter-railway transfers as a matter of policy.
2.The question of feasibility of effecting inter-divisional transfer of staff in mass contact areas including ticket checking staff, was discussed in the conference on malpractices and corruption in mass contact areas organized by the Ministry of Railways on 10.7.98.