M K BAINIWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Exemption as prayed for is granted subject to all just exceptions. W.P.(C.) No. 2144/2010 & C.M. No. 4280/2010 (for stay) The petitioner had joined service with the respondent No. 2 as Deputy Marketing Manager (Grade-I) on 08.09.1995. In the course of time, he was promoted from the post of Deputy Marketing Manager (Grade-I) to Marketing Manager w.e.f. 16.10.1998; then, to the post of Chief Marketing Manager w.e.f. 22.03.2003 and then, to the post of General Manager, presently held by him w.e.f. 31.03.2008. The petitioner was transferred to Hyderabad by respondent No. 2 vide transfer order dated 04.12.2009 and was relieved from Delhi office vide relieving order dated 07.12.2009. Despite his relieving from Delhi office, he did not go and join at the place of his transfer in Hyderabad. He chose to challenge the transfer order in writ petition being W.P.(C.) No. 14134/2009. In that writ petition, he prayed for stay of his transfer but that was declined by this Court speaking through Hon'ble Ms. Justice Rekha Sharma vide order dated 23.12.2009.

(2.) Aggrieved therefrom, the petitioner filed a Letters Patent Appeal being L.P.A. No. 37/2010 which came up for hearing before Division Bench-II on 15.01.2010 but was transferred to Division Bench-III. The L.P.A. No. 37/2010 filed by the petitioner against order of Single Bench dated 23.12.2009 was withdrawn by him from Division Bench-III and thereafter, he again moved applications being C.M. No.s 1258-59/2010 for stay of his transfer and these applications were dismissed by this Court vide its order dated 29.01.2010. Thereafter, the writ petition being W.P.(C.) No. 14134/2009 filed by the petitioner against his transfer was dismissed on merits vide order of this Court dated 18.02.2010. The petitioner was aggrieved by the order passed by this Court on 18.02.2010 dismissing his writ petition against transfer order and he, therefore, filed a Letters Patent Appeal being L.P.A. No. 168/2010 which has been dismissed by the Division Bench vide its order dated 11.03.2010. The transfer of the petitioner from Delhi to Hyderabad vide transfer order dated 04.12.2009 has been upheld up to the Division Bench and the matter has already taken several rounds of litigation as mentioned hereinabove. The petitioner has suppressed the dismissal of L.P.A. No. 168/2010 by the Division Bench in the present writ petition for reasons best known to him.

(3.) The fact of the matter is that the petitioner has not joined the place of his transfer though all efforts made by him for stalling the said transfer have failed in various rounds of litigation mentioned above. This, in fact, amounts to misconduct on the part of the petitioner in not joining the place of his transfer despite command of the Court. This Court, while dismissing the writ petition (W.P.(C.) No. 14134/2009) against his transfer, vide its order dated 18.02.2010 took note of a judgment of the Hon'ble Supreme Court in Gujarat Electricity Board & Another Vs. Atmaram Sungomal Poshani, AIR 1989 1433, and reserved liberty to the respondents to initiate disciplinary proceedings against the petitioner for non-compliance of transfer orders as per observations of the Hon'ble Supreme Court contained in the said judgment.