ANIL KUMAR Vs. UOI

JUDGEMENT

(1.) The writ petitioner here challenges a transfer order dated 25.5.2001 and 20.12.2001 by which he was transferred. He also challenges the initiation of enquiry proceedings, conducted ex parte against him.

(2.) The petitioner joined the services of Unit Trust of India as a Staff Officer Grade-A on 5-9-1986 and was posted at Mumbai. With effect from 1-1-1992, he was promoted as Grade-B Officer. It is alleged that in November, 1992 the petitioner was issued a posting order to Hyderabad when he was not due for transfer and in violation of the transfer policy. Apparently, an adverse entry was recorded in his service records, without communicating it to him; on 1-1- 1994 his period of probation was extended; subsequently he was denied promotion to Grade-C on three successive occasions; he filed WP(C) No.1067/99 before this Court for redressal of that grievance.

(3.) On 10.5.1999 the petitioner was promoted to Grade-C. On 25-5-2001 the Unit Trust of India, the petitioner's employer, issued an order, annexing a list of officers in Grade-A,B and C who were earmarked for the UTI Financial Centres, Regional Sales House, Central Processing Centre, Central Data Centre and Disaster Recovery site. The order also indicated that transfers were to be effected in phases, subject to requirements of the respective offices. This was followed by an order on 20.12.2001. The petitioner had represented to the respondent authorities on 6-11-2001 asking that his transfer to Mumbai, ought not effected, on grounds of ill-health and surgery for cancer, of his mother. The request was declined on 19-12-2001 and by order dated 20-12-2001 the petitioner's services were transferred to the Central Processing Centre, Belapur. He was asked to report for duties by 31-12-2001. The petitioner represented again on 26-12-2001 requesting sympathetic consideration of his case. He had approached the Court by filing WP(C) No.1639 of 2002. That petition was disposed of as withdrawn, on 26-2-2002 and the petitioner expressed his willingness to drop allegations made in his representation against the transfer order and also move a fresh application for consideration of extension of his leave on account of his mother's health condition.