KISHORI LAL VERMA Vs. HINDUSTAN ZINC LTD

JUDGEMENT

(1.) THIS special appeal has been filed under Section 18, Rajasthan High Court Ordinance against the order of the learned single Judge dated May 25, 1993 by which he has rejected the writ petition filed by the petitioner-appellant (in short petitioner) for quashing the order dated January 16, 1993 passed by the respondent No. 1 (Annexure 1), transferring the petitioner from Head Office, Udaipur to Sargipali (Orissa) and also the order of the same date (Annexure 2) relieving him.

(2.) THE case of the petitioner is thus. The transfer order Annexure 1 has been passed on account of his Union activities. It is illegal, arbitrary, discriminatory and violating usual norms and procedure of transfers. It is malafide, There was no administrative reason or exigency warranting his transfer. He was and is organizing Secretary of the Hindustan Zinc Executives' Association. Since the management was not paying heed for its demand for about 2-3 years, it was resolved in its meeting held on December 10, 1992 (Annexure 3) that all executives would wear black badge w. e. f. January 15, 1993 to January 25, 1993 as a mark of protest. In pursuance thereof, black badges were worn by a large number of executives at various units and in the Head Office the petitioner alone wore the black badge on January 16, 1993. The same day, the Director (Finance) called and reprimanded him and thereafter, transfer order Annexure 1 was served upon him. During last 2-3 years, two transfers were made from Udaipur to Delhi and Calcutta and they were cancelled. The transfer of personal assistants is most unusual and rare. They were effected only on their request and not otherwise. Whenever vacancies occurred in the cadre of personal assistant, respondent-Company issued circulars inviting applications from: the interested personal assistants and advertisements used to be made in the newspapers if no application was received and such a procedure was not adopted for vacancy at Sargipali. In their reply, the respondents denied that the transfer; was illegal, arbitrary, and mala fide. They have averred that it was done due to administrative reasons and exigencies, requisition was received from Sargipali unit for posting a personal assistant and in pursuance thereof this transfer order was passed. By chance, it was passed the day on which the appellant wore black badge and it has no connection with it. It has also been averred that the petitioner has suppressed material fact regarding withdrawal of Rs. 15,000/-as advance T. A. and on this ground alone the writ petition deserves to be dismissed.

(3.) IT has been contended by the learned counsel for the petitioner that the learned single Judge has seriously erred to hold that the transfer order Annexure 1 was passed for administrative reasons and exigencies and it is not mala fide. He also contended that it was passed on the same day on which the petitioner put the black badge on his arm and he was also relieved the same day against the practice prevailing in the respondent's establishment. It was passed due to petitioner's participation in the Union activities. There can be no direct evidence of malice and it has to be inferred from the facts and circumstances. He further contended that there was no requisition from Sargipali unit for posting of a personal assistant, this ground for the transfer of the petitioner is not correct as is proved from the affidavits of the petitioner and the various documents filed by him under Order 41 Rule 27, CP. C. He also contended that by order Annexure 1 the petitioner was to work as P. A. with Superintendent of Mines, Sargipali, in fact he is taking work with a stenographer, he (petitioner) has been deputed with Senior Manager (Mines) and there is no work there. He lastly contended that the petitioner drew Rs. 15,000/- to file writ petition to get the order of his transfer set aside and to meet the expenses of his family. He relied upon R. N. Sharma v. Union of India 1983 RLR 41 and State of Punjab v. Ramjilal AIR 1971 SC 1228.