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Per Mr. A.K. Upadhyay, A.M.:- The grievance in the three OAs is identical and arising out of the same impugned No. 465 of 2017 dated 13.06.2017 by which the applicants have been transferred from Danapur Division to different divisions allegedly on the ground of misconduct found during vigilance enquiry.

2. It is admitted position that all the three applicants belong to ticket checking category. The brief facts of the three OAs are as follows:-

The applicant in this case was working as Dy. Chief Inspector of Tickets at Rajendra Nagar and on promotion he was posted as Chief Inspector of Tickets (CIT) at Patna vide order No. 307/2017 dated 13.04.2017. By order No. 465/2017 dated 13.06.2017 he was

7. The learned counsel for the respondents Shri B.K. Chaudhary submitted that as per the Indian Railway Establishment Code 226 a railway employee is liable to be transferred at any place. Further, RBE No. 251/1998 specifically deals with the issue of malpractices among ticket checking staff and those working in mass contact areas. In order to curb malpractices amongst such staff a policy decision has taken, pursuant to a conference at the Railway Board headquarters that those found including in malpractices shall be transferred inter-divisionally or inter-railway. This is a policy decision of the government to bring cleanliness in the Railways. For effecting transfer under this provision it is not necessary that the charges have to be proved in a departmental proceeding. Departmental proceeding is a separate matter from transfer. The power of Railways to transfer employees under this provision has been adjudicated by several courts. A judgment dated 05.08.2009 of the Hon'ble High Court, Patna in CWJC No. 4092 of 2009 has been enclosed with the written statement.

16. RBE No. 251 of 1998 which directly refers to ticket checking staff is as follows:-

" In terms of the existing instructions ticket checking staff detected to be indulging in malpractices, are required to be invariably sent on inter-division/inter-railway transfer 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 area organized by the Ministry of Railways on 10.07.98.
3. Pursuant to the above discussion, it has been decision that while the existing policy of inter-divisional/inter-railway transfer of ticket checking staff detected to be indulging in malpractices shall continue, other staff in mass contact areas
-11- OA/050/00374/17 with OA/050/00376/17 with OA/050/00405/17 detected to be indulging in malpractices should also be transferred on inter-divisional basis."