LAWS(CA)-2014-8-46

ALOK KUMAR VERMA Vs. UNION OF INDIA

Decided On August 22, 2014
Alok Kumar Verma Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) IN the present Original Application filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant has assailed the orders dated 31.12.2013 and 26.2.2014 whereby a decision has been taken to transfer him to Northeast Frontier Railway and his transfer to said Railway was directed with his posting as CBE. The applicant has raised as many as nine grounds to buttress the challenge to his transfer. Nevertheless, during the course of hearing, Mr. Ajit Singh, learned counsel for applicant confined the challenge to two grounds, viz. (i) mala fide of respondent No. 3 and (ii) bias of the respondents against him because the applicant pointed out deficiencies in the chlorination of the water by M/s. Mercury (International) Pvt. Ltd. On 13.5.2014, having heard Mr. Prashant Bhushan, learned senior advocate for applicant, this Tribunal passed the following Order:

(2.) THE arguments were further heard on 27.5.2014 and 8.8.2014. During the course of further hearing, Mr. Ajit Singh, learned counsel for applicant read out the supplementary written submissions dated 8.8.2014 and made reference to various annexures to the Original Application only to espouse that the transfer of the applicant is mala fide fallout of the infirmities pointed out by him in the services of the aforementioned contractor.

(3.) IN sum and substance, the efforts of learned counsel had been to emphasize that the transfer of the applicant is result of his concern towards the contamination of the water supply to the consumers in the Northern Railway. In the supplementary written arguments, read out by the learned counsel, he has highlighted that: