LAWS(RAJ)-2013-11-31

UNION OF INDIA Vs. GIRDHARI LAL CHOUDHARY

Decided On November 20, 2013
UNION OF INDIA Appellant
V/S
Girdhari Lal Choudhary Respondents

JUDGEMENT

(1.) IN this writ petition, the petitioners, Union of India and its officers in the Department of Post, have questioned the order dated 01.01.2013 as passed by the Central Administrative Tribunal, Jodhpur Bench, Jodhpur ('CAT') in Original Application ('OA') No. 513/2011.

(2.) THE OA aforesaid was filed by the present respondent, working on the post of Postal Assistant, on the grievance against the order of his transfer to the Jodhpur Division from Barmer Head Office. The CAT, in its impugned order, formulated the following issues arising for determination in the case: -

(3.) WE have heard the learned counsel for the parties and have perused the material placed on record. It is noticed that the CAT has specifically found that the order of transfer was not suffering from any infirmity; and the relief as claimed in the OA was required to be denied. However, on the humanitarian grounds and in the balance of equities, if the CAT directed the competent authority to consider the representation/s of the applicant, we are clearly of the view that indication further on the aspect as to what order may be passed by the respondents was not called for.