BACHACHA LAL Vs. THE UNION OF INDIA

JUDGEMENT

(1.) THIS O.A. has been filed by the applicant for quashing and setting aside office order No. 103/2014 dated 21/21.02.2014 (Annexure A/1) whereby the applicant has been transferred from Bapudham, Motihari to Saharsa under Chief Reservation Supervisor. Further prayer has been made to direct the respondents to permit the applicant to continue to work on the post of Chief Commercial Supervisor at Bapudham, Motihari.

(2.) THE case of the applicant is that he belongs to Gond Tribe which is a Scheduled Tribe. As such he is entitled to benefits of reservation and concessions as granted by the respondents to all persons similarly situated to the applicant. While the applicant was working as Chief Reservation Supervisor II at Raxaul Station, he was transferred to Bapudham Station as Chief Reservation Supervisor by the Senior Divisional Officer, Samastipur and on being relieved, he joined at Bapudham on 30.06.2012. At Bapudham he was implicated in a criminal case i.e. R.P.F. Motihari, (Bapudham) P.S. Case No. 201/2013 dated 21.07.2013 under section 143 of the Railway Act. He was granted bail by the Ld. 1st Additional Session Judge, West Champaran, Bettiah on 29.07.2013 and the trial in the case is still going on. The applicant is required to appear before the court now and then in order to defend himself. He has alleged that in order to adversely affect the trial against the applicant, the respondents have transferred him from Bapudham to Saharsa Station.

(3.) THE applicant has further stated that his only daughter Kumari Khushboo Rani is studying in Motihari Engineering College, Motihari as a B. Tech student and her session is from 2012 to 2016. As such the daughter of the applicant is in mid -session of her higher studies. Consequently, the transfer of the applicant from Bapudham Station to Saharsa Station which is more than 300 km away and that too after 1 1/2 year of his joining at Bapudham Station is totally against Railway Board's order No. E(NG) II -72/TR/14 dated 01.10.1971. and E (NG) I -86/TR/14 dated 06.01.1988 as quoted in Bahri's "Railways Establishment and Labour Laws 2004" at page 193, which reads as follows: -