RAJIV BHARTARI Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner is a member of Indian Forest Service, who was serving as Principal Conservator of Forest (Head of Forest Force), Uttarakhand. He is aggrieved by the order dtd. 25/11/2021, passed by Secretary, Department of Forest, whereby he has been transferred to the post of Chairman, Uttarakhand Biodiversity Board, Dehradun. This order has been challenged by petitioner on various grounds, including that he was transferred in the absence of any recommendation by Civil Services Board, which according to petitioner, was mandatory.

(2.) Per contra, learned counsel for respondents have raised an objection that petitioner is member of an All India Service therefore, he has a statutory remedy available under Sec. 14(1) (b) of the Administrative Tribunals Act, 1985.

(3.) Learned counsel for the petitioner also does not dispute that petitioner has remedy of approaching Central Administrative Tribunal constituted under Administrative Tribunals Act, 1985. He, however, submits that since principles of natural justice were violated by the respondents while transferring petitioner and the authority who passed the impugned transfer order was not competent for the purpose, therefore, petitioner can directly approach this Court under Article 226 of the Constitution without approaching the Tribunal. In support of this contention, petitioner's counsel has relied upon a judgment rendered by Hon'ble Supreme Court in the case of Radha Krishnan Industries v. State of Himachal Pradesh and others, reported in (2021) 6 SCC 771.