NAND LAL GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. Nand Lal Gupta in person as well as Mr. G.N. Sahewalla, learned senior counsel representing respondent nos. 2, 3, 4, 6, 8 and 9. Mr. G. Pegu, learned counsel represents respondent no. 1.

(2.) Having regard to the facts in issue and as agreed to by learned counsels for the parties, this writ petition is taken up for final disposal. Pertinent to mention that although respondent nos. 5 and 7 are named in person, the entire writ petition do not disclose any allegations of mala fide against them. For disposal of this writ petition, service of notice upon the said respondent nos. 5 and 7 are not deemed necessary.

(3.) The Order dated 17.06.2016 issued under the hand of the Regional Executive Director (Eastern Region-II), NTPC Limited is put to challenge. The issuance of the said Order dated 17.06.2016 has its own background, which is being narrated here under. The writ petitioner was serving as Assistant Manager (Operation) in the Operation and Maintenance Department under the National Thermal Power Corporation Limited (NTPC), Bongaigaon. In course of his service and sometime in May, 2014 he had developed disagreements with superior officers for having insisted on better living conditions of the labour force. As a result, he had a stand-off with the respondent no. 6 i.e. the Group General Manager (GGM). According to the petitioner, his relation with the respondent no. 6 had become strained and the respondent no. 6 came to nurture deep seated animosity against the petitioner. On 14th of May, 2016 the petitioner was shifted from General Duty to Shift Duty and considering the fact that he was ailing from kidney ailments and the Shift Duty being onerous in nature, he filed a Representation before the respondent no. 6 on 02.07.2015 requesting that he be shifted back to the General Shift Duty in his earlier Department i.e. CD-II on medical grounds. Petitioner submits that as regards his physical ailment, opinion was also rendered by the Chief Medical Officer who suggested that the petitioner requires a regulated duty schedule with proper balanced diet etc. As the medical opinion rendered by the Chief Medical Officer was not acted upon, the petitioner submitted another Representation on 18.1.2016, addressed to the Director (HR), NTPC Limited. At the same time, the petitioner had also addressed letters to the Prime Minister of India alleging harassment as well as to the Chairman and Managing Director (CMD), NTPC Limited in that regard. According to the petitioner, the NTPC Authority, instead of shifting him to General Duty, issued the Office Order dated 23.03.2016, thereby transferring the petitioner to Kaniha in the State of Orissa. The said Office Order was shown to be issued on administrative exigencies.