PRASAR BHARTI Vs. MOHAMMAD TULHA RAHMANI

JUDGEMENT

(1.) The Prasar Bharti (Broadcasting Corporation of India) and its officers based at New Delhi and Srinagar have filed the instant petition under Article 226 of the Constitution with a prayer for setting aside order dated 7.5.2012 rendered by the Central Administrative Tribunal, Chandigarh Bench (for brevity the Tribunal). The respondent was appointed as Transmission Executive (Script). The Tribunal has set aside order dated 29.10.2010, transferring the respondent from All India Radio Srinagar to All India Radio Kargil. The Tribunal while disposing of T.A. No. 7/JK/2011 filed by respondent has opined that the averments made in para 7(a) of the application were not controverted. According to the averment made in that para, the All India Radio Kashmir, Srinagar, is the only station from where Kashmiri programmes are being broadcast and Kashmiri script is made use of. And that there was no post of Transmission Executive in Kashmiri script available in All India Radio Kargil. The petitioners justified the order on the basis of administrative exigencies as conceived by the competent authority. They submitted that ordinarily the Courts are not to interfere. The view of the Tribunal is discernible from paras 11 and 12 of the order which read thus:--

(2.) Mr. S.A. Naik, learned counsel for appellants has vehemently argued that the respondent was appointed as Transmission Executive in All India Radio Srinagar on 5-1-1996 and there is no stipulation in the order of his appointment which may indicate that the post was not transferable. A copy of his appointment order dated 5-1-1996 has been placed on record (R4).

(3.) Our attention has been invited to Clause 7 of the appointment order which stipulates that the respondent could be posted and transferred anywhere in India and if on account of family circumstances, he anticipated any difficulty in the matter of posting then he was not to accept the offer. Mr. Naik emphasized that in view of the aforesaid stipulation in the appointment order the respondent cannot object to his transfer anywhere in the country on the ground that Kashmiri script can be used only if he is posted at All India Radio Srinagar because his services could not be used anywhere else.