(1.) OP (CAT) No. 2314/2012 was filed by the present petitioners against the order of the Central Administrative Tribunal, Ernakulam in OA No. 340/2012 while OP(CAT) No. 568/2013 was filed by the very same petitioners against the order of the same Tribunal in OA No. 684/2012. Since the question which arose in both the cases are the same, the facts of the cases are also more or less similar and the point to be decided in both the cases is also same, both the cases are disposed of by a common judgment. The case of the petitioners in both the cases was as follows:
(2.) The respondents have filed a counter, denying those allegations and inter alia stating that since the names of the petitioners were mentioned in the alleged suicide note found from the body of deceased Haridath and they have been implicated in that criminal case as accused persons and in order to ensure fair investigation, they have decided to transfer them and it is not with any malice and it was done in all good faith and in public interest only.
(3.) After considering the contentions of both parties, the Tribunal passed Annexure A12 order produced along with Ext. P1 mentioned above, which was also produced as Ext. P10 in OP(CAT) No. 2314/12 wherein it was observed that the various averments and contentions made relating to the investigation of Sampath custody death case conducted by the petitioners and the scope of the investigation to be conducted in respect of the suicide of Haridath which are outside the domain of the tribunal are not expected to be considered by the Tribunal and considered several decisions of the Apex Court regarding the judicial review of the order of transfer by the Tribunal. The OA was disposed of with the following observations: