LAWS(ALL)-2005-9-289

KRISHNA CHANDRA DUBEY Vs. UNION OF INDIA

Decided On September 05, 2005
KRISHNA CHANDRA DUBEY Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THIS writ petition has been filed for setting the aside the judgment and order of the Central Administrative Tribunal, Allahabad Bench, dated 10 -11 -2000 (Annexure -12), by which the Original Application of the petitioner against the order of transfer dated 24 -11 -1998 (Annexure -5) has been rejected.

(2.) THE facts and circumstances giving rise to this case are that petitioner while working as a Senior Scientist in Indian Council of Agriculture Research (in short 'ICAR') was transferred vide order 24 -11 -1998 in public interest from the post of Scientist (Horticulture), Central Soil and Water Conservation Research and Training Institute, Agra to Central Soil and Water Conservation Research and Training Institute, Koraput, Orissa. Petitioner challenged the said order before the Tribunal on various grounds, inter alia, that earlier, he had worked in backward area (Ranchi) and as per the transfer policy/statutory Rules, he could not be posted again in backward area; the transfer order cannot be passed in public interest and it could be passed only on administrative ground; the transfer order suffered from mala fide as the same was passed to accommodate Dr. Dinesh Kumar at Agra; it was a transfer in mid -academic session and it caused inconvenience and adversely affected the education of the school going children of the petitioner.

(3.) AFTER considering the rival claim of the parties, the Tribunal dismissed the Original Application vide impugned order dated 10th November, 2000. Hence the present petition.