UNION OF INDIA Vs. K B PARMAR

JUDGEMENT

(1.) This Special Civil Application is directed against the judgement and order dated 15th November, 2000 passed in O.A. No.548/2000 by the Central Administrative Tribunal, Ahmedabad Bench.

(2.) The respondent herein namely Shri. K.B. Parmar born on 11th January, 1971 aged about 30 years was appointed as Security Assistant in the pay scale of 950-1500 on 16th June, 1995 and was posted at Palanpur, on the basis of recruitment for this post which was held at regional level of Central Intelligence Bureau, Ahmedabad. It is one of the Subsidiary Intelligence Bureau (SIB) under the Intelligence Bureau of Government of India.

(3.) Shortly after his joining at Palanpur an order was issued with regard to the transfer of the respondent from Palanpur to Nadiad (Gujarat). It is alleged that this order was issued through an Official, who was not competent nor authorised to issue any transfer order, but the respondent reported at Nadiad. Having come to know of this, the authority at State Intelligence Bureau, Ahmedabad, under whose control and supervision all the DCIOs of Intelligence Bureau in Gujarat function, instructed the authority at Nadiad not to allow the respondent to join duty at Nadiad. Aggrieved from this, the respondent had moved the Central Administrative Tribunal, Ahmedabad Bench with O.A. No. 859/1995 challenging the Department's refusal to permit him to join duty at Nadiad. This O.A was then permitted to be withdrawn by the Central Administrative Tribunal on 4.12.1995 directing that the authorities may consider the representation of the respondent sympathetically and expeditiously. The Department sympathetically considered the respondent's representation, selected him for training and respondent was advised to immediately report for duty at Palanpur and, thereafter, to proceed for training. It is alleged that this was not liked by the respondent inasmuch as he was hell bent not to work even for a day under the person, who was then incharge of the Palanpur Unit. The respondent filed a Contempt Petition being C.P. No. 24/96 in O.A. No. 859/95 before the Central Administrative Tribunal, Ahmedabad Bench alleging that the Department did not dispose of his representation in letter and spirit of the Central Administrative Tribunal's order dated 4.12.1995. However, the Central Administrative Tribunal, after hearing the parties, did not find any reason to see any wilful disobedience on the part of the Department.