UNION OF INDIA Vs. DEEPAK NIRANJAN NATH PANDIT

JUDGEMENT

(1.) Leave granted.

(2.) The respondent, who is an Assistant Commissioner of Customs, GST and Central Excise was transferred from Mumbai to Bhubaneshwar on 5 September 2019. Challenging the order of transfer, the respondent moved the Central Administrative Tribunal "CAT" in OA No 627 of 2019. By an order dated 17 September 2019, the CAT granted an ad interim stay of the order of transfer. Eventually, after the OA was heard, it was dismissed by the CAT by an order dated 5 November 2019. Aggrieved by the order of the CAT, the respondent moved the High Court of Judicature at Bombay. On 11 November 2019, at the production stage, the High Court continued the ad interim order. By the impugned judgment and order of the High Court dated 2 December 2019, the Writ Petition No 11669 of 2019 under Article 226 of the Constitution was admitted and by way of an interim order, the ad interim direction granted on 11 November 2019 was continued. The Union of India is in appeal.

(3.) The services of the respondent are transferable. The order of transfer was issued by the Government of India in the Ministry of Finance (Central Board of Indirect Taxes and Customs) on 5 September 2019. By the order, five officials were transferred from their respective places of posting. The respondent has, however, chosen to contest the order of transfer and as a result of the ad interim order of the CAT and the interim order of the High Court has not joined at the place of posting. In the meantime, the respondent has been suspended.