UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF WATER RESOURCES AND ORS. Vs. RAFIQUE UDDIN BARLASKAR

JUDGEMENT

(1.) THIS is a writ petition filed by Union of India (Ministry of Water Resources) under Article 226 of the Constitution of India against the order dated 31.01.2014 passed by Central Administrative Tribunal (for short called "The Tribunal") in O.A. No. 387 of 2013. By the impugned order, the Tribunal allowed the O.A. filed by the respondent herein and quashed the transfer order of respondent from Silchar to Guwahati.

(2.) SO the short question, which arises for consideration in this writ petition is whether the Tribunal was justified in allowing the O.A. filed by respondent and in consequence was justified in setting aside his transfer order dated 2.12.2013 passed by the petitioner by which he was transferred to Guwahati from Silchar?

(3.) THE Tribunal did not find any merit in any of the contentions urged by the respondent in his OA and yet interfered in the impugned transfer order and while setting aside the transfer order, directed the petitioners to modify the transfer order of the respondent and transfer him to any other place other than "Guwahati" or "Brahmaputra Valley".