SUBASH ROY Vs. COAL INDIA LTD

JUDGEMENT

(1.) CHALLENGE in this Writ Appeal filed under Section 2 (1) of Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam 2005, is to an order dated 17. 4. 2008 passed by learned single Judge in W. P. No. 14003/2007, whereby the challenge to an order of transfer of Appellant passed on 13/17th September, 2007 was nullified on the ground that the same is neither malicious nor without an authority but in administrative exigency.

(2.) THE facts in nutshell are that the appellant is a Senior Dumper Operator, a non-executive Cadre post, in the service of Northern Coal Fields Ltd. a subsidiary of Coal India Ltd. (for short NCL) and was posted at Bina Project, NCL Singrauli. By order dated 13. 11. 2006, the appellant was transferred to Mahanadi Coal fields ltd. , Sambalpur, another subsidiary of Coal India Ltd. The appellant questioned the same in W. P. No. 17186/2006 (s) filed before this Court on the ground that it was passed by an officer who was not having any authority to do so and that the petitioner was singled out with malafide intention because of the exposure by the appellant of unfair practice of the management. The said Writ Petition was dismissed on 14. 12. 2006 for want of territorial jurisdiction. However, on challenge in Writ Appeal No. 58/2007, the said order was reversed when the Writ Appeal was allowed on 19. 6. 2007. The Division Bench of this Court while declining to advert upon various aspects relating to the conduct of the appellant and the action of the respondents in transferring the Appellant, dwelt upon the issue as to whether there has been any kind of power with the coal India Ltd. to transfer an employee of the Appellant's Cadre serving under one subsidiary company to another subsidiary company and since the documents brought on record were not sufficient to arrive at a conclusion that it was within the power of the Coal India Ltd. to effect such transfer, the matter was remitted to the Coal India Ltd. with a direction that it will dilate upon its power and pass a reasoned order as to on what basis and under what authority it has passed the order of transfer of the Appellant to a different company. Consequent, thereupon, an order was passed on 13/17th September, 2007; whereby the appellant was ordered to be transferred to MCL sambalpur. This order was subjected to challenge in W. P. No. 14003/2007 (s), wherein it was upheld by the impugned order.

(3.) CHALLENGING the order it is urged that the learned single judge has failed to appreciate the facts that authorities concerned having failed to justify their action in the light of direction by the Division Bench in W. A. No. 58/2007 wherein the coal India Ltd. was directed to dilate upon its power in respect of transferring a person belonging to non-executive- cadre from one company to another, the order of transfer was not sustainable. It is further argued that the transfer was not sustainable being passed by way of punishment so much so that he has been singled under the garb of administrative exigency, which is revealed from the note sheet and various correspondence entered in to between the officials of NCL and the Coal India Limited It is therefore, urged that had the learned single Judge appreciated the material brought on record in their right perspective, the transfer of the appellant from one subsidiary to another by Director (Personnel and industrial Relations) Coal, India Ltd. ought to have been interdicted.