UNION OF INDIA Vs. GULSHAN KUMAR

JUDGEMENT

(1.) The petitioners in these original petitions are the Union of India and its officials who were the respondents before the Central Administrative Tribunal. The challenge in these original petitions is against the common order in O.A.Nos.956 of 2017, 148/2018 and 164/2018. O.P.(CAT) 173/2018 is filed against the order in O.A.No.956 of 2017, O.P. (CAT) No.176/2018 against the order in O.A.No.148/2018 and O.P.(CAT) No.190/2018 against the order in O.A.No.164/2018.

(2.) In O.A No.956 of 2017, the respondents, who were Inspectors of Central Tax and Central Excise at the Cochin Commissioner-ate, had submitted applications for Inter-Commissioner-ate Transfer (ICT) and were awaiting the outcome of their applications. In the meanwhile, the 4th petitioner sought to fill up the vacancies to which the respondents had sought transfer, by effecting direct recruitment. Therefore, the original application was filed seeking to quash the notifications issued for the purpose of filling up the available vacancies by way of direct recruitment and to direct the Chief Commissioner, Patna to consider their request for ICT.

(3.) In O.P.(CAT) Nos.176 and 190 of 2018, the request for ICT of the respondents and some other Inspectors had been sanctioned as per Annexure A1 order dated 19.1.2018. Immediately thereafter, Annexure A2 order was issued, cancelling Annexure A1 order. Thereupon, the original applications were filed seeking to quash Annexure A2 and to declare that the respondents are entitled to get Annexure A1 implemented, since they were found entitled for transfer by the committee constituted for ICT. By the impugned order, the Tribunal issued a direction to immediately accommodate the 8 applicants whose names had been forwarded, in accordance with the guidelines for ICT issued by the Customs and Central Excise Board. In O.A.Nos.148 and 164 of 2018, the Tribunal set aside Annexure A2 order, to the extent it cancelled the transfer of the respondents herein as per Annexure A1 and declared that the respondents herein are entitled to get Annexure A1 implemented since they were found eligible by the Committee constituted for considering the proposals for ICT, in terms of the relevant orders. It was further directed that those respondents, who are yet to be relieved from their current job for transfer to the Lucknow/Meerut Zones, will be relieved within 15 days and duly accommodated in the post in the transferee Zone, as already ordered.