GANESH JHA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition has been filed impugning certain orders of the railway administration and Central Administrative Tribunal. These are in two sets. In the first set the orders are dated 29 August, 2002 passed by the General Manager, North Eastern Railways, Gorakhpur, respondent no. 2, the order dated 2 September, 2002 passed by the Railway Recruitment Board, Muzaffarpur, respondent no. 4 and the order dated 31 July, 2002 of the Central Administrative Tribunal, Patna Bench. The next order challenged is dated 25 October, 2002 passed by the Central Administrative Tribunal, Patna Bench on O.A. No. 747 of 2002.

(2.) ULTIMATELY , it is the order of 25 October, 2002 which basically affects the proceedings which have engaged the attention of the tribunal.

(3.) THE contention of the petitioner is that his repatriation, otherwise, may be taken as a transfer which was malafide and this aspect had not been seen by the tribunal. On the contrary, these are noticed by the tribunal itself. In so far as the matter of surrendering of posts is concerned and consequential repatriation on transfer, the tribunal has recorded that the petitioner has not even laid a challenge on this aspect. This part of the objection is noted in paragraph 15 of the tribunals order. Then comes the aspect of mala fide in reference to the selection of Assistant Station Master (ASM). In this context learned counsel points out to Annexure 11 to the petition. This aspect is noticed in paragraph 17 of the order of the tribunal. The petitioner has laid emphasis and this matter has been submitted before this Court also with much emphasis that the petitioner had made certain notings on the notesheet of the department record to record objection on the manner in which repatriation and/or transfers were being taken. While dealing with this aspect the tribunal sent for the original record and came to the conclusion that the grounds built up to allege malafides are conspicuous by their absence.