NR VYAS EXECUTIVE ENGINEER Vs. GUJARAT ENERGY TRANSMISSON

JUDGEMENT

(1.) PRESENT Special Civil Application has been filed by the petitioner under Article 226 of the Constitution of India declaring the order of transfer dated 16. 12. 2008 Annexure A to the petition as illegal, arbitrary, malafide, contrary to the Circular dated 01. 06. 2000. It is the case on behalf of the petitioner that the petitioner joined services with the respondent Corporation as Junior Engineer on 13. 01. 1975. That thereafter, by order dated 04. 07. 2002 he was promoted to the post of executive Engineer. That he was discharging duties as Executive engineer at Bhuj Office. That one R. J. Thakkar was appointed as superintendent Engineer (S. E. TR.), Anjar in the month of July, 2004. That on the basis of alleged complaint received by the respondent corporation the official team at the behest of Mr. Thakkar (S. E.), from circle Office Anjar directed the petitioner to supply xerox of Work Order, work Order Register, Check Book Register, Cash Book Register and copy of bills by orally informing the petitioner in the month of June, 2005 against him has been received. It is the case on behalf of the petitioner that detailed scrutiny was carried out by Officers of Corporation. However, the result of inquiry was not communicated to the petitioner. As per the petitioner said Shri Thakkar forwarded entire xerox copies of material to h. O. Baroda. Pursuant to which H. O. Directed Shri Thakkar (S. E.) to submit final report of scrutiny of account and retured entire sets of papers. It is the case on behalf of the petitioner that though a report was prepared by Shri Thakkar (S. E.), same was not submitted to H:o. and kept the same in his custody. It is the case on behalf of the petitioner that inspite of repeated communication and reminders from H. O. to S. E. Shri Thakkar directing him to forward the report of the petitioner, Shri thakkar had not forwarded the report. Shri Thakkar came to be promoted to Additional Chief Engineer from S. E. and posted at Gondal Zone in the month of March, 2006. That on the basis of complaint alleged to have been made by one Parth Foundation Trust, against the petitioner an enquiry came to be initiated by the Officer of respondent Corporation in the month of March, 2006. That inquiry was conducted by Shri p. C. Jadeja, Chief Vigilance Officer, Baroda and detailed scrutiny was undertaken by him. It is the case on behalf of the petitioner that allegations levelled against the petitioner were found to be false and without basis. Another inquiry was also initiated against the petitioner and to that Inquiry Officer submitted report to the M. D. Of Corporation by holding that the allegations levelled against the petitioner are false and fabricated. It is the case on behalf of the petitioner that on 13. 05. 2008 at morning hours at about 10. 30 hours Anjar Control room informed the petitioner that 220 KV Anjar Panadhro line is under fault and requested to repair at the earliest. Accordingly the petitioner informed D. E. to attend the break down. That fatal accident took place at 220 KV Anjar Panadhro line on 14. 05. 2008 and one Assistant Lineman died because of accident. That on 16. 05. 2008 one Shri S. M. Doshi (S. E.), submitted his report for cause of death in the aforesaid accident. On 29. 05. 2008 one Mr. Shelani (Safety Champion) of Corporation submitted his report for cause of death in 220 KV Anjar Panadhro line accident. That one Shri Tahmane submitted his report on 10. 06. 2008 for cause of death in 220 KV Anjar panadhro line accident. That the petitioner came to be served with show cause notice dated 16. 07. 2008 issued by SE, Anjar calling upon the petitioner to show cause why disciplinary action should not be taken against the petitioner for negligence of duty. That the petitioner replied to said show cause notice on 25. 07. 2008. That on 26. 07. 2008 the petitioner filed a representation to M. D. of Corporation. That charge-sheet has been issued against the petitioner by M. D. of the Corporation intimating the petitioner that the Corporation is not satisfied with explanation dated 25. 07. 2008. That thereafter, impugned order of transfer has been passed on 17. 12. 2008 transferring the petitioner from Bhuj to Dhassa which is 350 Kms away from Bhuj. Being aggrieved and dissatisfied with the order of transfer, the petitioner has preferred present Special Civil application under Article 226 of the Constitution of India.

(2.) MR. OZA, learned Senior Advocate appearing on behalf of the petitioner has submitted that the petitioner is transferred from Bhuj to dhassa at the fag end of his service tenure and without considering circular dated 01. 06. 2000 issued by the respondent Corporation wherein it is specifically decided between the Corporation and Association that employees who are retiring within three years from 31st March may not be transferred and the employees suffering from serious illness may be referred to Medical Board and thereafter the final decision may be taken. It is submitted that aforesaid circumstances are considered as exception to general transfer. It is submitted that the petitioner is retiring on 28. 02. 2010 and at fag end of his service tenure either on one or other pretext the higher officers want to settle score with the petitioner. It is further submitted that the petitioner's mother is 78 years suffering from breast cancer and father aged 81 years and the petitioner is taking care of their medical treatment and therefore, it is requested to quash and set aside the impugned order of transfer which is arbitrary, unreasonable, discriminatory and mala-fide.

(3.) THE petition is opposed by Mr. D. R. Dave, learned Advocate appearing on behalf of the respondent Corporation. It is submitted that impugned order of transfer has been passed on administrative grounds and in the interest of institution. It is further submitted that as such the petitioner is in Anjar Circle since 1975. It is further submitted that it is routine general transfer and even representation of the petitioner has been considered by the highest authority and only thereafter the petitioner has been transferred. It is also further submitted that even matter has been considered by the Additional Chief Engineer and he considered conduct of the petitioner and others and thereafter, impugned order of transfer has been passed. It is further submitted that brother of the petitioner is residing in Bhuj who can take care of his parents. It is further submitted that transfer is condition of the service and the petitioner is bound to obey the order of transfer. It is specifically denied that impugned order of transfer is mala-fide and/or stigmatic. Mr. Dave, learned Advocate has relied upon following decision of the Hon'bie supreme Court: (i) UNION OF INDIA V/s. JANARDHAN DEBANATH reported IN 2004 (4) SCC 245 (II) STATE OF U. P. V/s. GOBARDHAN LAL REPORTED IN 2004 (3) GLH 317. By making above submissions and relying upon aforesaid decisions, it is requested to dismiss present Special Civil Application.