RAJESH GUPTA Vs. BSNL

JUDGEMENT

(1.) THE petitioner is holding the post of General Manger (Telecom) in the respondent Bharat Sanchar Nigam Limited (for short 'bsnl' ). He has been transferred from Ujjain (MP Circle) to Shilong (NE-1 Circle) vide order dated 30-06-08 (Annexure P-1) and relieved vide order dated 30-06-08 (Annexure p-2a ). On 30-06-08 itself the third respondent who was posted in place of petitioner assumed the charge of the post held by the petitioner. Feeling aggrieved the petitioner filed a representation (Annexure P-2) and has filed this petition.

(2.) ACCORDING to the petitioner he has been transferred only to accommodate the third respondent. He stated that the third respondent who was posted at Shajapur was promoted and was posted at Jabalpur but he got his posting at Jabalpur cancelled and managed his posting at Ujjain. He alleges mala fides in his transfer on the ground that on 30-06-08 the impugned transfer order was issued from Delhi. On 30-06-08 itself he has been ordered to be relieved and on the same day the third respondent was relieved from Shajapur and joined at Ujjain. He therefore alleges that every action was already set in favour of the third respondent so that he can immediately join at Ujjain. The petitioner further alleges that his transfer order is contrary to the transfer policy of the BSNL dated 07-05-08 (Annexure P-5 ). His case is that he has not completed minimum period of three years at Ujjain location and circle tenure of eight years in M. P. Circle. In the circumstances there is violation of Clause 11 (a) and (b) of the Transfer policy. He has also stated that other officers of the same cadre have not been transferred even though they have completed the Circle tenure of eight years.

(3.) THE respondent Nos. 1 and 2 in their reply have denied the allegation of the petitioner that he has been transferred to accommodate the third respondent. It is stated that the petitioner has been working in M. P. Circle for more than seven years and as such he has been transferred. According to the respondents the observance of condition of minimum period of three years at a location will not be applicable in the case of the petitioner in view of the fact that he is nearing completion of eight years in M. P. Circle and therefore location tenure of three years has no application and will not come in the way of petitioner's transfer out of circle. As regards allegation of mala fide the respondents have stated that merely because on the day of transfer the petitioner has been relieved and the third respondent has joined the office at Ujjain after his relieving from shajapur the same cannot be a ground to hold that there is any mala fide on the part of the respondents. According to them in view of the short distance between ujjain, Dewas and Shajapur and also the fast modes of communication and transportation it cannot be said to be impossible or impracticable event. As regards the instances shown by the petitioner in regard to other officers that even after completion of the circle tenure they have not been transferred. It has been stated by the respondents that if other officers have been retained beyond the normal period of Circle tenure it will not give any right to the petitioner to claim his retention in M. P. Circle. According to them it is for the management to consider and decide as to who has to be retained and who has to be transferred. It is stated in the absence of mala fide or breach of statutory rule the Court will not interfere into such administrative decision.