LAWS(DLH)-2016-8-578

DEEPAK MOHAN Vs. UNION OF INDIA & ORS

Decided On August 31, 2016
Deepak Mohan Appellant
V/S
Union of India And Ors Respondents

JUDGEMENT

(1.) Challenge in this writ petition is to the orders dated 11th May, 2016 and 12th July, 2016 passed by the Central Administrative Tribunal ('The Tribunal' in short) by which the petitioner had approached the Tribunal in OA 568/2013 seeking a direction to quash the transfer order dated 5th February, 2013 by which, he was transferred from Technical Officer 'C' from DTRL to Directorate of Planning and Co-ordination, DRDO Head Quarters. The petitioner claims that the order of transfer was passed without assigning any reason and with a malafide intent.

(2.) The petitioner had also complained that the impugned transfer order had been issued neither in the interest of administration or exigencies of service but in colourable exercise of power of the concerned authority. He submits that the petitioner had been erroneously transferred particularly for the reason that the petitioner did not accept and put his signatures on the inventory list placed on record without necessary physical verification of the same. It was also urged by the petitioner that he was forced to put his signatures on the inventory list dated 2nd May, 2012, despite the fact that he found that out of 136 items, 94 items were not traceable in the lab and the items were not as per the inventory list.

(3.) Today learned counsel for the petitioner submits that the petitioner has already joined his place of posting and he has instructions not to press this petition. He further submits that the petitioner had made repeated requests to the respondents to provide him the Leave Record, Service Book, Certificate of last drawn pay and a 'No Demand Certificate' however the respondents have failed to hand over the same to the petitioner.