BHARAT SANCHAR NIGAM LTD Vs. A R PATIL

JUDGEMENT

(1.) BY this bunch of Petitions the Bharat Sanchar Nigam Limited (hereinafter referred to as BSNL for short) has challenged the orders passed by the Central Administrative Tribunal allowing the Original Applications filed by about 21 employees of the Company quashing the orders of their transfer basically on the ground of total lack of jurisdiction in the Tribunal in view of the provisions of section 14 of the Act.

(2.) . Facts giving rise to these petitions briefly stated are that: The Government of India took a policy decision of converting its department of Telecommunications into a limited company and therefore established BSNL and transferred its employees hither to before working in the department of Telecommunication to said BSNL with effect from 1.10. 2000. From that day onwards the employees of the department of Telecommunications became employees of BSNL.

(3.) . It is almost a common ground of challenge in all original applications that the applicants have either been charge sheeted and are facing disciplinary proceedings or are facing criminal prosecution and in these circumstances they could not have been transferred in manner in which they are transferred.