L. S. PADMAKUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Exemption allowed, subject to all just exceptions. The application stands disposed of.

(2.) Admittedly, in the Original Application, the petitioner did not seek any interim stay of the charge-sheet or the disciplinary proceedings. Apparently, the Bench which heard the Original Application at Bangalore, by an exparte order, granted stay of the departmental proceedings. It also directed the respondents to deposit the retiral dues of the petitioner in a nationalised bank.

(3.) The respondents preferred the transfer petition raising two pleas. Firstly, it was pleaded that the Bangalore Bench of the Tribunal did not have the jurisdiction since the petitioner had retired from Delhi and he had retained his official accommodation for a period of six months. Secondly, the respondents also flagged the order passed by the Tribunal granting exparte stay of departmental proceedings, even though, no such relief had been prayed for by the petitioner in the Original Application. While passing the impugned order, the Chairman has observed that so far as the petitioner's residence is concerned, no view could be taken on that aspect at this early stage. The Chairman took note of the order passed by the Bangalore Bench of the Tribunal and observed that the various factors taken note of in the impugned order warrants that the Original Application be transferred to the Principle Bench. Accordingly, the Original Application was transferred.