CENTRAL WOOL DEVELOPMENT BOARD Vs. PARBAT SINGH CHAMPAWAT

JUDGEMENT

(1.) Heard learned counsel for the parties finally at admission stage.

(2.) The writ petition has been preferred as against the order dated 21.8.2010 passed by the Central Administrative Tribunal, Jodhpur (hereinafter referred to as 'the Tribunal' for short) whereby the Tribunal has quashed the order of transfer of respondent Parbat Singh Champawat from Jodhpur to Bikaner. The respondent-employee is holding the post of Wool Marketing Development Officer (hereinafter referred to as 'WMDO' for short). Vide order dated 21.8.2010 his transfer was ordered. Initially, the order was assailed by way of filing writ application before this Court being CWP No. 8214/2010, which was dismissed on the ground of want of jurisdiction vide order dated 16.12.2010. Thereafter, original application was preferred by the respondent-employee before the Tribunal.

(3.) The case set Up by the applicant-respondent-employee was that Government of India has issued a notification on 7.7.1987 establishing the Central Wool Development Board at Jodhpur specifying that Headquarter of the Board will be at Jodhpur. The post of WMDO held by the respondent is an isolated post at Jodhpur. It was further pointed that Wool Testing Centre was set up at Bikaner with creation of certain posts in July, 1993. It was further submitted that Ministry of Finance, Government of India vide order dated 25.10.1977 has banned the transfer of posts within an organisation without approval of the Ministry. The respondent-employee filed representation, but the same was not considered. It was also submitted that as the respondent was witness in crucial inquiry conducted by the CBI against the NGOs, the employer to protect the high and mighty persons, have transferred him to a place where no such equivalent post exists. As the post was not existing at Bikaner, the transfer could not have been ordered.