D. PRITHIVIRAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners filed these writ petitions to issue a writ of Certiorarified Mandamus.

(2.) The petitioners were working as Technician Grade III with the respondent. They were appointed on 20/12/2001. They challenged the impugned order of transfer before the Central Administrative Tribunal, Chennai/6th respondent. By this transfer, they were sent from one division to the other on the ground of physical assault of co-workers, resulting in unpleasant situation at the work site and un-rest among co-workers.

(3.) There seems to be two unions in the Southern Railways, one is the Southern Railway Mazdoor Union [SRMU] and the other one is Southern Railway Employees Sangh [SRES]. The petitioners belong to the SRES union. According to them, some of the members of the other union, that is SRMU, met the members of the SRES union at the workplace. The intention of the meeting was not a social call but to prevent them from discharging their official duties. Taking note of this, the union members of SRES lodged police complaint in January of 2017 and the same is pending for investigation. It is alleged that the writ petitioners were threatened to withdraw the police complaint and on their refusal, the members of the other union lodged a complaint against the petitioners and their respective unions. The said incident said to have taken place on 20/6/2017 and on the same day, the writ petitioners were placed under suspension. The suspension lasted till 6/7/2017. The reason, being, the writ petitioners filed O.A.No.1098 of 2017 and the Central Administrative Tribunal vide order dtd. 14/7/2017 passed the following order:-