UOI Vs. KIRAN BALA SHARMA

JUDGEMENT

(1.) The petitioner UOI through Secretary of Ministry of Agriculture challenges the order dated 11th January, 2010 passed in OA No. 3473/2009 titled as Mrs. Kiran Bala Sharma Vs. UOI holding that the transfer order dated 23rd September, 2009 and order dated 12th November, 2009 rejecting the respondents' representation being punitive in nature and contrary to establish principles and procedure adopted for a transfer of employee are bad and thus quashing and setting aside the transfer orders. The Tribunal has also allowed the respondent to continue in the post which she was occupying prior to 23rd September, 2009.

(2.) The respondent had joined the service of the petitioner in the year 1970 and was promoted to the post of Personal Secretary (PS) in the year 2000. She was transferred to the present post on 23rd October, 2008.

(3.) In September, 2009, the respondent was transferred vide order dated 23rd September, 2009 to the office of the Director, National Research Centre for Plant Bio Technology (NRCPB). The respondent submitted a representation against her transfer and as the representation was not decided she preferred an original application being OA No. 2789/2009 which was disposed of at the admission stage directing the petitioners to consider the representation and to pass a speaking and reasoned order before transferring the respondent. The representation of the respondent was rejected by the petitioners by order dated 12th November, 2009 which was challenged by her in the OA No. 3473/2009 titled as Mrs. Kiran Bala Vs. UOI & Ors. which was allowed against which another original application was filed before the Tribunal, Principal Bench.