MAHENDER SINGH Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) THE applicant has filed this Original Application challenging the impugned order dated 14.11.2014 transferring him from the present place of posting as SPM Dhakla S.O. to SPM Mandauthi S.O.

(2.) ACCORDING to the applicant, he was posted at the present place of posting only on 17.05.2013. During his service, vide his letter dated 07.11.2014, he brought to the notice of his superiors that there were at least 500 Recurring Deposits which have been opened but were not shown anywhere in the office record, the Pass Books were not issued to the respective account holders and SB Account No. 885013 was opened with Rs. 1600 as entered in the passbook but it has not been reflected in the department account. He has also informed his superiors including the Sr. Supdt. of Post Offices that because of the above irregularities, he was facing difficulties for withdrawal of the amount from those accounts and accounts holders are making complaint against him but no action was taken against the persons in the department responsible for those irregularities. On the contrary, he was transferred by the impugned order dated 14.11.2014 with immediate effect. The applicant has also stated that the aforesaid order of transfer was issued in spite of the fact that the respondents themselves were aware that he was a heart patient and he was medically examined for that purpose on 29.10.2014. On the advice of the Doctor, he has been taking medicines since then. The proof of the medical certificate has been annexed by him alongwith the OA. The applicant was not relieved after his transfer as he has been periodically submitting his medical reports to the respondents. The last report submitted by him was for the period from 05.01.2014 to 08.01.2014. According to him, his honesty was well known to the villagers of Dhakla and the Sarpunch of the village himself has written to the Chief Post Master General requesting him to keep him at Dhakla. He has also made an appeal against the transfer order to the Director Postal Services, Haryana Circle, Ambala on 02.12.2014 stating that his transfer was made during the middle of the academic session of his children, adversely affecting the education of his children and it was difficult for him to shift them to the new Station at Mandothi. He has pointed out that he was not allowed to complete his minimum tenure of four years at the present place of posting where he was posted only w.e.f. 17.05.2013. Again, he has stated that he was transferred as his superior officials did not want to see him happy as he was having unblemished record and he is a person who work only as per rules. He has also pointed out that in order to justify the aforesaid order of transfer, the respondents, subsequently vide Memo dated 18.11.2014, proposed to take action against him under Rule -16 of CCS (CCA) Rules, 1965 and the Statement of Imputation against him is as under: - -

(3.) AS no action was taken against the aforesaid appeal, he has filed this Original Application seeking an order quashing the impugned transfer order dated 14.11.2014. According to him, his transfer is in violation of the respondents own Transfer Policy issued by the Govt. of India, Ministry of Communications & IT, Department of Posts vide their letter No. 141 -141/2013 -SPB -II dated 31.01.2014. The relevant part of the said Policy is reproduced as under: - -