RAGHU RAJ SINGH CHAUHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition is directed against the order dated 1 st November, 2002 passed by the Central Administrative Tribunal Principal Bench New Delhi in OA No. 72/2002. By the said order the Tribunal dismissed the original application filed by the petitioner, wherein challenge was made by the petitioner to the transfer order dated 7th December, 2001 and also to the relieving order dated 8th December, 2001. By the aforesaid two orders, the petitioner herein was transferred along with his post from National Museum to Dr. Zakir Hussain Memorial Museum as its Officer-in-charge consequent to which he was released by order dated 8th December, 2001. The said two orders were challenged on the ground that the same were passed in violation of the statutory rules with mala fide intention.

(2.) In order to appreciate the contentions raised before us, certain background facts leading to the filing of the petition are required to be mentioned. The petitioner joined the National Museum as Keeper (Publication) on 12th December, 1989 on selection through UPSC. He was appointed to the post of Assistant Director (Exhibition Cell) in the said Museum on 1st January, 1996 on ad hoc basis. Subsequently he was appointed to the post of Assistant Director (Exhibition Cell) by transfer on deputation by letter dated 2nd December, 1998. He was appointed to the said post on reglar basis on absorption with effect from 29th May, 2001 by Notification issued on 14th June, 2001.

(3.) The petitioner was transferred from the National Museum to the Dr. Zakir Hussain Memorial Museum, New Delhi as Officer-in-charge with immediate effect vide office memorandum dated 7th December, 2001. By the aforesaid order, the post the petitioner was holding at the relevant time was also transferred to the said Museum to accommodate the petitioner in the post of Officer-in-charge by the sid order. Mr. Parmod Ganapathy, Officer-in-charge (Deputy Keeper), Dr. Zakir Hussain Memorial Museum was transferred to National Museum by the very same order dated 7th December, 2001. The petitioner was relieved along with his post by office order dated 8th December, 2001 directing him to report for duty as Officer-in-charge at Dr. Zakir Hussain Memorial Museum.