RAJENDRAROY Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted. Heard the appellant in person and the learned Counsel for the respondents.

(2.) An order of transfer dated July 17, 1991 passed against the appellant transferring him to the post of Inspector of Exhibitions DAVP, Calcutta from the post of Inspector of Exhibitions DAVP, New Delhi is the subject matter of challenge in the instant appeal. The appellant belongs to the Central Information Service since renamed as Indian Information Service. On December 17, 1990, the appellant was transferred to the post of Inspector of Exhibitions DAVP, Calcutta and prior to the impugned order of transfer he held the post of Inspector of Exhibitions DAVP, New Delhi. The appellant has challenged the order of transfer inter alia on the ground that such order of transfer was not passed for administrative reasons in the interest of public service but the same was passed mala fide in order to get rid of him because the respondent No. 2 had a personal score against the appellant and he manipulated the impugned order of transfer.

(3.) The appellant being aggrieved by the impugned order of transfer challenged the same before the Central Administrative Tribunal. After going through the records of the case and considering rival contentions, the Tribunal was of the view that the allegation of malice and grudge alleged by the appellant against the respondents could not be substantiated. No statutory rule was violated by the impugned order of transfer. As such, the Tribunal did not consider it appropriate to interfere with the impugned order of transfer. The Tribunal has indicated that in case of personal difficulty, an employee can make representation to the authority concerned but simply on the score of personal hardship, an order of transfer relating to a transferable post cannot be held back. The Tribunal has also noted that the appellant did not make representation to the concerned department. He has, therefore, not exhausted the remedies available to him under the relevant service rules and on that score also the application made by the appellant before the Central Administrative Tribunal is liable to be dismissed.