RAM SWAROOP MEENA Vs. UNION OF INDIA

JUDGEMENT

(1.) IN the present Original Application filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant has assailed the order dated 7.6.2012 whereby he has been transferred along with 52 officers in the grade of Additional/Joint Commissioner of Customs and Central Excise with immediate effect and until further orders. By said order the applicant was ordered to be transferred from Meerut CX to CBN (Neemuch). He has also questioned the Office Order No. A. 22012/02/2012 -Ad.II dated 27.7.2012, wherein it is indicated that all representations received regarding transfer and postings in the grade of Additional/Joint Commissioner of Customs and Central Excise stand disposed of. The applicant joined the service in CBEC as Group 'B' Appraiser on 3.10.1983 and got promotions as Senior Superintendent, Assistant Commissioner, Joint Commissioner and finally as Additional Commissioner, in due course. He was posted to Meerut 1 as Joint Commissioner on 31.8.2007 where he got promotion as Additional Commissioner w.e.f. 30.7.2009. On 9.2.2011, he was transferred to Noida. On issuance of impugned transfer order, he filed OA No. 2456/2012 which was disposed of in terms of order dated 27.7.2012 with direction to Member (P & V) to take decision in the representation dated 8.6.2012, expeditiously and preferably within a period of four weeks. Till the disposal of said representation and for a period of one week thereafter, status quo regarding posting of applicant was directed to be maintained. On the same date, i.e. 27.7.2012, the respondents had issued Office Order No. 132/2012 expressing that the representation received regarding transfer and postings in the grade of Additional/Joint Commissioner of Customs and Central Excise stood disposed of. Apparently, the representation dated 8.6.2012 preferred by applicant was also deemed to be disposed of. Thus he had to file the present Original Application questioning the transfer order saliently on the following grounds: -

(2.) IN rejoinder, the applicant pleaded that in transferring the officers in the grade of Additional/Joint Commissioner, the respondents have not been adopting uniform norms. In Delhi Zone, there are more officers than the designated/sanctioned strength. When the placement Committee has considered 7 cases as exceptional including two on the ground that they are due to retire shortly, no exception has been shown in the case of applicant. In her arguments, learned Counsel for the applicant relied upon the orders passed by this Tribunal in OA No. 368/2012 (Annexure P -1 to rejoinder) and order dated 11.10.2012 passed in OA No. 405/2012. Both the orders have been passed by learned Single Member at Mumbai Bench in the month of October, 2012.

(3.) QUITE often, Group 'A' Officers of IRS (Custom and Central Excise) approach this Tribunal alleging their transfer in disregard of the transfer/placement policy of Group 'A' Officers of IRS (Custom and Central Excise), as amended from time to time. In majority of the cases, violation of Para 5.3, 5.5 and 5.6 is imputed. Thus, it has become necessary for this Tribunal to elaborate the construction and ramification of said provisions of transfer/policy guidelines. For proper reference and appreciation, same are extracted hereinbelow: -