UNION OF INDIA Vs. CENTRAL ADMINISTRATIVE TRIBUNAL ALLAHABAD

JUDGEMENT

(1.) THE petitioners, who are respondent nos.1, 2 and 3 in Original Application No.1344 of 2013 filed by Balendra Kumar Dixit (the applicant), have filed this petition to assail the interim orders dated 17 October 2014 and 31 October 2014 passed by the Central Administrative Tribunal, Allahabad Bench, Allahabad (the Tribunal).

(2.) THE said Original Application was filed by the applicant to assail his transfer contained in Order No.179/14 dated 8 October 2014 issued by the Government of India, Ministry of Finance, Department of Finance (Central Board of Direct Taxes) (Government of India) from his present posting in U.P. (West) as Joint Commissioner of Income Tax, Range -I, Noida to U.P. (East). The Original Application came up before the Tribunal on 17 October 2014 on which date itself the Tribunal ordered that the transfer order dated 8 October 2014 shall not be given effect to till the next date of listing which was fixed for 12 December 2014. The Tribunal after noticing that the Supreme Court had in a number of decisions held that transfer orders should generally not be interfered with unless they are punitive in nature, mala fide or in exercise of colourable powers or if they are against the statutory provisions of law, perused the comments of the Chief Principal Commissioner of Income Tax and the minutes of the Placement Committee and observed that the applicant had been found to be a competent officer. The Tribunal, therefore, observed that when there was a complaint against such an employee, he should have been transferred only after compliance of the principles of natural justice and should not be harassed. It is for this reason that the Tribunal directed that the transfer order should not be given effect to. The Tribunal also directed that the representation filed by the applicant should be decided within one month.

(3.) WHEN the aforesaid order was brought to the notice of the Government of India, a communication dated 27 October 2014 was sent to the Commissioner of Income Tax at Ghaziabad that the applicant may be allowed to continue at Noida as Joint Commissioner of Income Tax (OSD) in U.P. (West) till further orders were passed by the Tribunal. The applicant then filed another Original Application bearing No.1386 of 2014 on 30 October 2014 but withdrew it with liberty to file a fresh if a need so arose. The applicant then filed a Miscellaneous Application dated 31 October 2014 in the earlier Original Application No.1344 of 2014 with a prayer that he should be given charge of the same post as Joint Commissioner of Income Tax, Range -I, Noida which he was holding prior to the passing of the transfer order dated 8 October 2014.