DINESH CHANDRA MISHRA Vs. TRILOCHAN MOHAPATRA

JUDGEMENT

(1.) The petitioner is an employee of the National Bureau of Plant Genetic Resources [hereinafter referred to as "NBPGR"], an institute of the Indian Council of Agricultural Research [hereinafter referred to as "ICAR"]. In this contempt petition, his allegation is that the respondents have violated a judgment of this Court dated 11.08.2017 in W.P. (C) 4127 of 2015 by passing an order dated 26.09.2018, transferring him from the headquarters of NBPGR to its farm at Isapur, New Delhi.

(2.) The petitioner was appointed as a Senior Technical Assistant (Tissue Culture) in NBPGR, Pusa Campus, New Delhi in the year 1994. By an order dated 02.08.2014, he was transferred from the headquarters of NBPGR at New Delhi to its Regional Station at Srinagar. The petitioner challenged the transfer order before the Central Administrative Tribunal [hereinafter referred to as "the Tribunal"] in O. A. No. 2715 of 2014. The Tribunal allowed his application by judgment dated 11.02.2015, which was then challenged by the ICAR by means of the above-mentioned writ petition (i.e., W.P.(C) 4127/2015).

(3.) The writ petition was disposed of vide the above mentioned judgment of the Division Bench dated 11.08.2017, holding that transfers are incidences of service and a grievance cannot be made if a transfer order is passed on administrative grounds and as per law, unless it is vitiated by arbitrariness or mala fide or bias or contravention of any statutory provision. The operative portion of the judgment of this Court reads as follows: