SHEIKH KALAM Vs. THE UNION OF INDIA

JUDGEMENT

(1.) Whether an order of transfer, which appears to be innocuous in nature, is sustainable in law if the order, though apparently innocuous, is, in reality, an order of transfer made as a measure of penalty or is, in effect, stigmatic in nature? This is the moot question, which has been raised in the present writ petition made under Article 226 of the Constitution of India.

(2.) In this writ petition, the petitioner has sought for quashing of the order, dated 18.09.2013, passed, in O.A. No.380 of 2013, whereby the learned Central Administrative Tribunal, Patna Bench, has refused to interfere with the order, dated 19.06.2013, whereunder the petitioner has been transferred.

(3.) In a narrow compass, the material facts, which have given rise to this writ petition, may be set out as under:-