NARESH GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner by the present petition impugns the order dated 1st April, 2003 in O. A. . No. 228 of 2003. By the impugned order the learned Tribunal refused to interfere with the transfer order vide letter dated 20th ' september, 2003. While dismissing the O. A. the learned Tribunal relied on the appointment order and also the Rules to hold that the petitioner, a Group A officer has All India transfer liability. It further held that the transfer could only be interfered with, if it was vitiated by mala fides or contrary to Rules. In the instant case it found that the transfer was an administrative transfer and the petitioner was holding transferable job. His representation made to the Railway board for cancellation of transfer was also rejected. It also noted that the petitioner was found medically fit by the Doctor with effect from 1st January, 2003. In that light of the matter dismissed the Original Application.

(2.) AT the hearing of this petition on behalf of the petitioner learned Counsel submits that the matter was placed on board for admission. The Tribunal, therefore, could not have dismissed the Original Application even without getting a say of the respondents considering the averments in the Original Application. It is then submitted that no reasons have been disclosed for transferring the petitioner and as such the order is vitiated. The order, it is contended, was not for administrative exigencies and that being, the case also the order is liable to be set aside. Reliance is placed on several judgments, which to the extent necessary, will be adverted to.

(3.) ON the other hand on behalf of the respondents their learned Counsel contends that the letter of appointment itself 28/29-12-1991 had the following condition as Condition No. 3 :-