D. KUMAR Vs. SECRETARY (A&C), DEPARTMENT OF AGRICULTURE & COOPERATION, MINISTRY OF AGRICULTURE, GOVERNMENT OF INDIA AND ORS.

JUDGEMENT

(1.) IN this Original Application, the applicant has prayed for quashing the order dated 16.3.2015 (Annexure A) issued by respondent No. 1 -Department, whereby he has been transferred from National Centre of Organic Farming (NCOF), Ghaziabad, to the Regional Centre of Organic Farming (RCOF), Jabalpur. The applicant has also prayed for quashing another order dated 16.3.2015 (Annexure B) issued by the Director, NCOF, Ghaziabad, whereby he stood relieved with effect from 25.3.2015 (AN) from NCOF, Ghaziabad and was directed to report at RCOF, Jabalpur. The applicant has also prayed for issuance of a direction to the respondents to retain him in the NCOF, Ghaziabad.

(2.) IT is the case of the applicant that he is holding the post of Deputy Director (Training) in the NCOF, Ghaziabad. By the impugned order of transfer, he has been transferred to RCOF, Jabalpur, where there is no post of Deputy Director (Training). In this connection, the applicant has referred to the finding arrived at by the Tribunal in its order dated 28.4.2008 passed in OA No. 408 of 2008 that unless there was a change in the policy, the post of Deputy Director (Training) could not have been transferred from the NCOF, Ghaziabad, and therefore, the applicant holding the said post could not also have been transferred from NCOF, Ghaziabad to RCOF, Jabalpur. The applicant's further case is that the impugned order of transfer has been issued at the instance of Director, NCOF (respondent No. 3), who had not only made false complaints against him in 2007, but also repeatedly given derogatory remarks in his APARS.

(3.) REFUTING the stand taken by the respondents, the applicant has filed a rejoinder reply. Along with the rejoinder reply, the applicant has filed copies of Memo for Expenditure Finance Committee on National Project on Organic Farming for 11th Plan dated 15.5.2010(Annexure A -1); the Memo for Expenditure Finance Committee on centrally sponsored scheme National Mission for Sustainable Agriculture for XII Five Year Plan (2012 -13 to 2016 -17) (Annexure A -2); O.M. dated 23.7.2012 regarding creation of 29 new posts including Deputy Director (Research & Quality Control) for strengthening of existing NCOF and six RCOF Centres (Annexure A -3); the O.M dated 25.10.1977 issued by Ministry of Finance, Department of Expenditure (Annexure A -4); Note of Ministry of Finance, Department of Expenditure, dated 19.5.2008; and copy of letter dated 24.3.2015 issued by respondent No. 3 regarding submission of tentative dates for farmers trainings and field demonstration in Adarsh Gram adopted under Sansad Adarsh Gram Yojana.