SURYAKANT GAJANAN GAWAD Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicant, who is presently working as Head Ticket Examiner, BDTS, has challenged his transfer from BDTS (Bandra Terminus, Mumbai) to BIM (Bilimora, Gujarat) vide order dated 26.6.2012. By the same order, two other Sr. Ticket Examiners have also been transferred. This Original Application was moved on 16.8.2012 and the following order was issued:

(2.) THE applicant in this O. A. is working as Head Ticket Examiner, H.Q., BDTS. He has challenged the transfer order dated 26.6.2012 (Annexure A -1) as well as letter dated 9.8.2012 (Annexure A -2) whereby the respondents contended that as per the report of the Inquiry Committee his present place of posting would be detrimental to the Railway system. From the perusal of Annexure A -2, it appears that a fact -finding enquiry was done by the respondents. No disciplinary proceeding has been initiated against the applicant. It is well settled that transfer cannot be an alternative of suspension or punishment. The learned Counsel for applicant submits that the instant transfer order is punitive.

(3.) ISSUE notice to respondents, returnable on 30.8.2012. The transfer in respect of applicant vide impugned order dated 26.6.2012 is stayed till the next date of hearing.