M K BAINIWAL Vs. UOI

JUDGEMENT

(1.) The petitioner belongs to a reserved category and is working as General Manager with Project Equipment Corporation Limited, a Public Sector Enterprise (in short 'PEC'). He, in this writ petition, has challenged order of his transfer from Delhi to Hyderabad vide transfer order dated 04.12.2009. The challenge to the transfer order has been made by him mainly on the ground of mala fides and bias against the respondents.

(2.) According to the petitioner, his impugned transfer is not for administrative exigencies. He has made allegations of caste-based atrocities and harassment against the respondents. Prior to the impugned transfer, he made several complaints against the respondents aggrieved by alleged caste-based atrocities and harassment upon him, both before the National Commission for Scheduled Castes and also before the Police. His said complaints were duly enquired both by the National Commission for Scheduled Castes and also by the Delhi Police but they did not find any substance in his complaints. It may be mentioned that the National Commission for Scheduled Castes had even called the Chairman of respondent no. 2 for discussion on the complaint of the petitioner and it was after discussion with him and upon consideration of other relevant material placed before the Commission that it arrived at a conclusion that there was no merit or substance in his complaint. The petitioner was informed accordingly by the Commission vide letter dated 6/7th August, 2009, Annexure P-6 at page 107 of the Paper Book, which is extracted below :- To, Shri Manish Kumar Beniwal, General Manager, (Marketing), PEC Ltd. R/o12, Bazar Lane, Jangpura-Bhogal, New Delhi-110014 Sub:- Representation regarding harassment by the office of PEC Ltd. Sir, I am directed to refer to your representation dated 03.09.2008 and 24.02.2009 forwarded through All India Harijan League (Regd.)'s letter dated 27.03.2009 and this Commission letter of even no dated 12.09.2008 on the above subject and to say that the matter was taken up with the PEC Ltd. and subsequent a hearing written statement also held before the Hon'ble Member Shri M. Nayak on 12.11.2008. After considering the facts submitted by you and the PEC Ltd. the Commission has observed that there is no violation of rules of reservation and any other violation of service safeguard provided to the SCs. A copy of the reply received from the PEC Ltd is also enclosed for your information. In view of the above, the Commission may not intervene in the matter further. Yours faithfully, Sd./- (Y.K.Bansal) Research Officer

(3.) The Police, upon investigation into the allegations of caste-based atrocities made by the petitioner against the senior officials of the PEC Limited, also arrived at the same conclusion that there was no truth into the allegations of the petitioner. The investigation report of the Police in this regard is Annexure R-2 to the counter affidavit of respondents no. 2 to 6 at running pages 222 to 225 of the Paper Book. It shall be relevant to refer to the conclusion of the police contained in the said report, which is extracted below :-