HARSHARANJIT SINGH Vs. RASHTRIYA CHEMICALS AND FERTILISERS LIMITED

JUDGEMENT

(1.) The writ petitioner, who is the appellant, assails the judgment of the learned Single Judge refusing to interfere with his transfer from the post of Senior Vigilance Officer in the Vigilance Department of the first respondent to its marketing Department in the regional office at Hyderabad, Andhra Pradesh, as Deputy Marketing Manager. The submission urged by the appellant before the learned single Judge that he having been appointed to the post of Assistant Vigilance Officer and thereafter promoted as vigilance Officer an Senior Vigilance Officer, could not be shifted from the Vigilance Department was negatived in the judgment under appeal because of Rule 4 of the Fertilizer Corporation of India Limited Employees' (Conduct, Discipline and Appeal) Rules, 1972 (hereinafter referred to as 'the Rules') requiring an employee to serve the Corporation in its business in such capacity and at such places as he may, from time to time be directed.

(2.) The short facts relating to the case are that the appellant was an army personnel and while working in the Border Security Force, on his own application was appointed through process of selection in the Fertilizer Corporation of India, which was later on re-organized as the first respondent-Company, as Assistant Vigilance Officer. The appointment was with effect from 11-8-1973. He became Assistant Vigilance Officer Grade-I later on through selection and on 8-9-1977 was confirmed as Vigilance Officer and thereafter became a Senior Vigilance Officer. On 16-5-1991 he was transferred as deputy Marketing Manager, on his existing pay and scale of pay, to the regional office, Andhra Pradesh and was directed to be released from the Vigilance Department with instruction to report to the Marketing Manager, Regional Office at Hyderabad. He handed over charge on the same day and on 20-5-1991 represented to the Marketing Manager at Bombay for time to join at Hyderabad. He however did not join the post and the order of suspension was served upon him on 18-6-1991. Thereafter he joined at Hyderabad on 22-7-1991 and is as yet continuing under suspension the enquiry being not over.

(3.) In the counter affidavit filed by the respondents the facts appear that the appellant was earlier an operator in the Fertilizer Corporation of India from 20-11-1962 to 13-1-1964 and on 14-1-1964 he was released to join the Army while retaining his lien in the Corporation. He rejoined as an Operator on 1-1-1970 and continued upto 14-8-1970 in the post and thereafter left the Corporation to join Bihar Battalion of N. C. C. and again came back to the Corporation on 11-8-1973, when he was appointed as the Assistant Vigilance Officer at Ramagundam unit.