HITESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The Writ Appeal is directed against the Order dated 09.01.2018 made in W.P.No.605/2018 by a learned Single Judge.

(2.) The Writ Petition has been filed by the petitioner seeking to issue a Writ of Certiorari to call for the records on the file of the 2nd respondent in Service Order No.974/2017 dated 04.09.2017 and the consequential order on the file of the 3rd respondent in Sankya:I- 38014/(09)/Pa.Ka./Karmik/2017/7394 dated 15.09.2017 and the consequential order of the 5th respondent in I-38014/K.Ow.Sub/ASG Che/Prasha-I/2017/11706 dated 29.12.2017 and consequential order of the 5th respondent in I-38014/ASG(CH)/Adm-I/APS posting/2017/11780 dated 30.12.2017 and quash it as illegal.

(3.) According to the petitioner, he was subjected to departmental proceedings by issuing a Charge Memo dated 30.08.2017 on the allegation that he has informed his own group of friends in WhatsApp not to sign the form of TPT allowance stating that the respondents are using old time tactics and therefore, they should go through the contents of the form and then they should wait for some time till suitable order is obtained from the Court. The petitioner submitted his explanation denying the charge on the ground that the abovementioned message given to his own group of friends will not amount to misconduct. The respondents disallowing the petitioner's explanation, proceeded further by appointing an Enquiry Officer and on completion of enquiry, the petitioner was found guilty of the charges and thereupon, an order of punishment dated 29.12.2017 was issued against the petitioner, imposing punishment of stoppage of increment for 2 years with cumulative effect and immediately, on the same day, the respondents have issued the impugned transfer order, posting the petitioner in LWE (Left Wing Extremist) affected area, which is punitive in nature. Hence, the said Writ Petition came to be filed.