SUBHASH KUMAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard.

(2.) Brief facts of the case are that the petitioner is working on the post of Employee & Welfare Inspector and is presently in the office of Senior Divisional Personal Officer, Ratlam Division, Ratlam. He is holding the post of Vice President of Ratlam Branch No.4 of Western Railway Mazdoor Sangh, Ratlam. On 07.02016, vigilance team of Divisional Manager, Western Railway raided the quarter allotted to the petitioner in his absence. At the time of raid, wife of the petitioner was present in the house along with her two sons and nephew, objected the entrance of the vigilance team in her house and told them to wait till her husband/petitioner return back to the quarter. Instead of waiting to the arrival of the petitioner, the member of the vigilance team started abusing to the wife of the petitioner and against the said action of the vigilance team, a complaint was lodged by the wife of the petitioner. Nothing adverse was found against the petitioner by the vigilance team in the raid. The petitioner has a bonafide reason to believe that the raid by the vigilance team was due to Union rivalry. The petitioner apprehends that the transfer order has been issued due to Union rivalry and without following any instructions/policies. The petitioner has been transferred from Ratlam without any written consent during the said period.

(3.) According to the petitioner, the respondent/department has earlier also transferred the petitioner from Ratlam to Baroda Division on 12.08.2016 and the Original Application No.200/00850/2016 filed by the petitioner was dismissed vide order dated 05.10.2016. Being aggrieved, the petitioner has preferred a Writ Petition No.7564/2016 before this Court, whereby the transfer order dated 12.08.2016 and order dated 05.10.2016 passed by the learned Tribunal were set aside and granted liberty to the department, that if any administrative exigency arises, they may pass a fresh transfer order, in accordance with law. Paras-12 to 14 of the order dated 22.09.2017 are relevant, which reads as under :-