UNION OF INDIA Vs. BASTA RAM NAVAL

JUDGEMENT

(1.) IN this writ petition, the Union of India, through Secretary, Ministry of Defence (Accounts), Government of India and other authorities of the Ministry of Defence are challenging the judgment dated 07.08.2009 passed by the Central Administrative Tribunal, Jodhpur Bench, Jodhpur in Original Application No. 5/2009, by which, the learned Tribunal allowed the original application filed by respondent Basta Ram Naval and passed the following order:

(2.) WHILE challenging the above order, learned Counsel for the petitioners invited our attention towards the fact that original application was filed by the respondent for seeking following two reliefs:

(3.) AS per learned Counsel for the petitioners no direction can be issued to the employer to post an employee as per his desire, therefore, the Tribunal has committed gross error while exercising its jurisdiction and passing order impugned dated 07.08.2009, whereby, the Tribunal has directed the petitioner department to post the respondent in Jodhpur City within 14 days from the date of order and, so also, imposed cost of Rs. 1,000/ - and recover the same from Sh. K. Vivwanathan S/o Sh. v. Krishnaurthy of Pune who was Deputy Controller of Defence Accounts within one month from the date of order. Learned Counsel for the petitioners invited our attention to the fact that even Sh. K. Viswanathan was not party in the original application but while observing wrong facts that Shri K. Viswanathan is answering respondent such order has been passed by the Tribunal. Therefore, the order impugned deserves to be quashed.