UOI Vs. NAVEEN KUMAR PEER

JUDGEMENT

(1.) Vide impugned judgment and order dated 21.5.2010 OA No.3576/2009 has been allowed and the order dated 30.11.2009 transferring the respondent from Delhi to Firozepur Division has been set aside.

(2.) The respondent is an Accounts Assistant under the Northern Railway and was attached in the office of FA&CAO housed at Baroda House New Delhi and as per the transfer order was transferred to Firozepur Division on administrative grounds. The petitioner challenged the transfer alleging that he is a whistle blower and the order transferring him to Firozepur Division is a colourable exercise of power and the real intention is to get even with him.

(3.) The very first line of the impugned order commences with the statement of fact: A whistle blower is the applicant'. It is apparent that the Tribunal has gullibly gulped the assertion of the respondent that he is a whistle blower. Needless to state the Tribunal has not adjudicated upon the said version vis--vis the defence; we say so for the reason no facts have been stated to bring out said finding of fact and the decision commences with the sentence afore-noted in italics.