LAWS(HPH)-2007-5-106

PARKASH CHAND Vs. STATE ELECTRICITY BOARD

Decided On May 08, 2007
PARKASH CHAND Appellant
V/S
STATE ELECTRICITY BOARD Respondents

JUDGEMENT

(1.) This application has been field by the applicant under Section 19 of the Administrative Tribunal Act, 1985 seeking the following reliefs: (i) That the impugned transfer order dated 20.12.2006. Annexure A -4 may be quashed and set aside and applicant may be allowed to continue serving at Bilaspur in accordance with law. (ii) Directions may be issued to the respondents to produce the records of the case before this Honble Tribunal.

(2.) In brief the case of the applicant is that he was posted in M&T Division, Solan. Vide order dated 20.3.2006 Annexure A -1, the applicant was transferred to M&T Sundernagar. He filed an Original Application before this Tribunal which is registered as OA No. (M) 163/006 which was directed to be treated as representation to be decided within fifteen days Annexure A -2. Thereafter the applicant was transferred from M&T Division Solan to M&T sub Division, Bilaspur which falls under M&T Division, Sundernagar Annexure A -3 Vide Annexure A -4 dated 7.6.2006 was relieved from duties and was further directed to report for his duty to Senior Executive Engineer M&T HPSEB, Sundernagar. It is alleged by the applicant that the joining report of facie applicant was not accepted by the Senior Executive Engineer and he was further directed to give his joining to Assistant Engineer (T&C). Sub Division HPSEB. Bilaspur and he submitted his joining report on 14.6.2006 in T&C Sub Division, Bilaspur, Annexure A -5. The stay of the applicant at Bilaspur was six months when the applicant has been transferred from Bilaspur to M&T, Shimla under M&T Division, Solan vide order dated 20.12.2006, Annexure A -6.

(3.) It is stated by the applicant that the action of the respondent to transfer the applicant from Bilaspur to Shimla is wrong, illegal. The impugned transfer order is colourable exercise of official powers.