UNION OF INDIA Vs. CENTRAL ADMINISTRATIVE TRIBUNAL ALLAHABAD

JUDGEMENT

(1.) THE respondent No. 2 herein, who has been serving as a Chowkidar in Military at Dehradun (Central Command) right 1'rom September 2,1991, successfully assailed an order of his trans fer passed on 16- 11-1995. transferring him from Dehradun to Lansdown before the Central Administrative Tribunal, Al lahabad Bench. THE petitioner has come up before this Court assailing the validity of the Order dated 24-9-1997 passed by the CAT appending its copy as Annexure-7.

(2.) WHILE admitting this writ petition on 10-3-1998, the Division Bench had passed the following order: "heard Sri Sdtish Chaturvedi for the petitioner and Sri K. R Singh for the respon dents. Admit Issue notice. Operation of the impugned order dated 24-9-97 passed by respondent No. 1 in Original Application No. 1101 of 1996 shall remain stayed until further orders of this Court. tearing of the writ petition is expedited. "

(3.) EVEN though the learned Additional Member, CAT noted that transfer is an incidence of service yet he proceeded to quash the order of transfer on the ground that from the counter-affidavit it appears that it was passed on the ground that he was creating indiscipline amongst employees and administrative problems and the incident of misconduct with Sri Bhatt in the investigation has been found that both had abused each other and as there was no evidence, no decision could be arrived at as stated in the rejoinder-af fidavit which was not controverted by the respondents. EVEN assuming that he was guilty of misconduct, the proper course was to proceed departmentally. The learned Member also noted that the office in which he was working was not aware of the reasons for his transfer on administra tive grounds.