M K BAINIWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This order shall dispose of the LPA filed by the appellant who is aggrieved by the order passed by the learned Single Judge dismissing his Writ Petition (Civil) No. 14134/2009 whereby the petitioner assailed the order passed by the respondents transferring the services of the petitioner from Delhi to Hyderabad on account of administrative exigencies.

(2.) The appellant belongs to a reserved category and is employed as a General Manager with Project Equipment Corporation Limited, a Public Sector Enterprise (in short PEC). At the time of the passing of the transfer order he was working in Delhi. Vide transfer order dated 04.12.2009 he was transferred from Delhi to Hyderabad and stands relieved w.e.f. 07.12.2009.

(3.) The appellant challenged the aforesaid order of transfer by alleging that it was not an order passed due to administrative exigencies but was punitive inasmuch as the appellant made allegations of Caste- based atrocities and harassment by the respondents prior to the impugned transfer. He also made several complaints against the respondents in this regard both before the National Commission for Scheduled Castes and also before the Police.