RAMASHRAY TRIPATHI Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) THIS petition, under Articles 226/227 of the Constitution of India, challenges the order dated 15 -2 -2002 (Annexure P -1), whereby the petitioner is transferred from Gun Carriage Factory, Jabalpur to Ordnance Factory, Trichnapalli. The petitioner has also challenged the order dated 29 -5 -2002, passed by Central Administrative Tribunal, Jabalpur, in Original Application No. 199/2002 (Annexure P/2).

(2.) BRIEFLY , it may be mentioned that the petitioner was working on the post of Chargeman Grade -I in Gun Carriage Factory, Jabalpur. It is alleged by the petitioner that respondent No. 3 - The General Manager of Gun Carriage Factory, Jabalpur was annoyed with him because he had been associated with Trade Union activities during his entire service career and he formed a forum, namely, 'Jan Tantrik Mazdoor Morcha'. Because of his Trade Union activities respondents adopted unfair trade practice and transferred him in their colourable exercise of power with a view to victimize him. He also alleges that 200 trees were being cut by the respondents and the Morcha of which the petitioner is a leader, was agitating against the same. A news item was published in the newspaper highlighting the cutting of trees. Due to this publication, the petitioner incurred displeasure of the management.

(3.) ON 3 -11 -2001, the petitioner was called by the respondent No. 3. He was pressed to issue a press statement on behalf of the Morcha to the effect that the news of cutting of 200 trees was incorrect. As the petitioner did not fulfil this desire of respondent No. 3, he has been victimized. The reason for transfer being administrative is only an ostensible reason. The transfer was solely made for the purpose of thwarting Trade Union activities, and cannot be considered on account of administrative exigency. Order of transfer is punitive in nature. The petitioner filed Original Application No. 199/02 before the Central Administrative Tribunal challenging the order of his transfer.