UNION OF INDIA Vs. MANISH SHARMA

JUDGEMENT

(1.) Petitioners have filed the petition challenging order dated 28.01.2019 passed by the Tribunal, whereby, original application filed by the respondent was allowed.

(2.) Learned counsel for the petitioners has submitted that the transfer order of the respondent issued by the petitioners could not be challenged as the same had been passed as per the statutory provisions. Respondent had been transferred from Kota Division to Jabalpur Division on administrative grounds. Respondent was found involved in activities contrary to rules and regulations and charge sheet for imposing major penalty had been served on him. Transfer order had been passed on the recommendations of the Vigilance Department, but it could not be described as a measure of punishment.

(3.) Learned counsel for the respondent has opposed the petition and has submitted that the transfer order had been passed by way of punishment. In-fact, now after passing of the order by the Tribunal, departmental proceedings have been concluded and order has been passed by the disciplinary authority.