VAKHATSINH HEMTAJI PARMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of the present writ petition, the petitioner has assailed the decision of the Central Administrative Tribunal, Ahmedabad Bench (Herein-after referred to as "CAT") contained in order dated ..................................................... Whether Reporters of Local Papers may be allowed to see the Judgment" Yes 10.1.2006 passed in O.A.No.515 of 2005 (Vakhatsinh Hemtaji Parmar v. Union of India and others).

(2.) The petitioner is working as a Senior Accounts Officer in the office of the Accountant General at Ahmedabad. He was transferred to the office of the Accountant General at Rajkot vide order dated 8.9.2005, which he challenged before CAT on the ground that the same was violative of the guidelines formulated by the respondents and therefore, suffered from the vice of discrimination. The CAT rejected the O.A. filed by the petitioner since it found that there were no allegations to the effect that the transfer order was issued in a malafide exercise of power or with an ulterior motive. It was also found that there was no violation of the guidelines framed by the office of the Accountant General and since the transfer order of the petitioner was issued due to the administrative exigency, the same did not deserve to be interfered with.

(3.) In the present petition, the impugned order dated 10.1.2006 passed by CAT in O.A.No.515 of 2005 has been assailed before us mainly on the ground that the CAT has erred in holding that the transfer order has not been challenged on the ground of malafides and is not violative of statutory rules. It has also been contended that there is no public interest or administrative exigency to justify the order of transfer of the petitioner and the CAT has failed to consider this aspect of the matter.