AIRPORTS AUTHORITY OF INDIA Vs. RAJEEV RATAN PANDEY

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by special leave is directed against an ad-interim Order dated July 3, 2009 whereby the Division Bench of the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow stayed the operation of transfer order dated May 15, 2009.

(3.) Rajeev Ratan Pandey, Senior Manager, Engineering (Civil), Respondent No. 1, vide order dated May 15, 2009, came to be transferred from Lucknow (Northern region) to Calicut (Southern region) by the appellant. The Respondent No. 1 challenged the order of transfer by filing a writ petition before the High Court on the grounds, viz., that the order of transfer has been issued against the transfer policy inasmuch as it provides that the inter-regional transfers shall not be made before the incumbent completes at least five year tenure in that region; that the official shall not normally be transferred within region second time unless all others in that cadre have done one turn of out of region transfer; that except in cases where operational/administrative reasons warrant, transfers shall normally be avoided and transfer when made shall be in accordance with the seniority at the station in the region. He made a representation to the Competent Authority on May 25, 2009 for cancellation of his transfer. On May 28, 2009, the Respondent No. 1 was relieved from his posting at Lucknow. His representation came to be rejected by the Authority on June 2, 2009. In the writ petition initially no interim order of stay was granted. It transpires from the record that on June 9, 2009 he sent a letter to the Director, AIR port Authority, Calicut that he was under medical treatment and the doctor has advised him some rest. He informed the said Authority that he would join duties at Calicut AIR port as soon as he got well. He did not join his duties at Calicut AIR port and on July 3, 2009 filed a supplementary affidavit before the High Court alleging therein for the first time that the transfer order was actuated with mala- fides. On that day itself, i.e., July 3, 2009, the Division Bench passed an ad-interim order staying the operation of the transfer order dated May 15, 2009.