Original Application No. 513/2011. Case: Girdhari Lal Chaudhary S/o. Shri Teja Ram Aged About 51 Years, Resident of Sunaro Ka Nohra Ki Gali, Shastrinagar, Barmer at Present Employed on the Post of Postal Assistant in Barmer HO in Barmer Postal Division Vs Union of India through Secretary to the Government of India, Ministry of Communication & Info. Technology, Department of Post, Dak Bhawan, Sansad Marg, New Delhi, Post Master General, Rajasthan Western Region, Jaipur 302001 and Superintendent of Post Offices, Barmer Division, Barmer. Central Administrative Tribunal
| Case Number | Original Application No. 513/2011 |
| Counsel | For Appellant: Mr. J.K. Mishra, Advocate and For Respondents: Mr. Vinit Mathur, ASGI with Advocate Mr. Anirudh Purohit |
| Judges | B.K. Sinha, Member (Ad.) |
| Issue | Constitution of India - Articles 226, 227 |
| Judgement Date | January 01, 2013 |
| Court | Central Administrative Tribunal |
Order:
B.K. Sinha, Member (Ad.), (Jodhpur Bench)
1. The instant OA is directed against the order transferring the applicant from the post of Treasurer, Barmer HPO in Barmer, to Jodhpur Division under the provisions of Rule 37 of the P & T Manual, Volume IV subject to the conditions as laid down in Rule 37 in the interest of service, with immediate effect. The applicant in his application has prayed for the following relief(s):-
(i) That impugned order dt. 28.4.2011 (Annexure A-1) and order dated 4.5.2011 (Annexure A/2), may be declared illegal and the same may be quashed. Any adverse order, if passed on his pending representation, may also be quashed. The respondents may be directed to allow all consequential benefits to the applicant as if none of the impugned orders were in existence.
(ii) That the respondents may be directed to produce the relevant file containing noting leading to decision to pass the impugned order at the time of hearing of this case, for perusal by this Hon'ble Tribunal so as to unfold the true facts.
(iii) That any other direction, or orders may be passed in favour of the applicant which may be deemed just and proper under the facts and circumstances of this case in the interest of justice.
(iv) That the cost of this application may be awarded.
Case of the applicant:
The applicant was transferred at Head Office, Barmer in June 2009 and was put to work as Postal Assistant w.e.f. 15.10.2010. His three daughters are studying locally at Barmer. On 11.06.2010, instructions were issued by the Circle Headquarters for making special arrangements for remittance of cash for Mahatma Gandhi NREGS in the peak season for wage payment vide letter dated 9/10.12.2010 at Annex. A/3. No additional man power was sanctioned for this and the task has to be performed with the aid of existing strength. Since the task involved deviation from the normal rules, a good deal of confusion prevailed and the employees were left to their own wisdom to sort the same out. The applicant was placed under suspension on 24.09.2010 which was revoked 20 days latter on 14.10.2010. He was issued a Chargesheet vide Memo dated 24.11.2010 for temporary misappropriation for two to six days [A/4]. The applicant following the revocation of the suspension order was posted to work as Postal Assistant at Head Office, Barmer. However, the impugned transfer order has been issued on 28.4.2011, whereby, he has been transferred in administrative interest to Jodhpur Division vide Annex. A/1 under Para 37 of the P & T Manual, Vol. IV. The applicant has been posted as Postal Assistant at Jodhpur vide order dated 4.5.2011 passed by the respondent No. 3. The learned counsel for the respondents contends that the normal tenure is of four years but, the applicant has been transferred after six months affording him the post of Postal Assistant at Barmer Head Office which, he fears, will adversely affect his seniority. The applicant has further drawn the attention of the Tribunal to the fact that the All India Transfer liability of Group 'C' and Group 'D' employees have been done vide letter No. 20-12/90 SPB.I dated 23.8.1990. The applicant has also submitted a detailed and exhaustive representation to the 2nd respondent without having evoked any reply. The applicant informs that he is also facing disciplinary proceedings and he has been put to jeopardy in case he is transferred out.
Case of the respondents
2. The respondents have filed a counter reply opposing the OA. The learned proxy counsels Shri Anirudh Purohit and Ms. Garima Chouhan, argued the case vehemently against the plea of the applicant being allowed. The transfer order has been carried out as per the procedure established under law and is not to set with any lacuna. The applicant stands charged with having temporarily misappropriated the Government money more than Rs. 38 lakhs by showing false entries of facts of cash remittances and he actually did not remit the cash to the concerned cash office while the amount was falsely shown in the transit and transit entries were adjusted in latter dates. The matter was reported to the Post Master General, Rajasthan Western Region. The applicant has been transferred on receipt of directions from the Assistant Director General, New Delhi under the provisions of Rule 37 of the P & T Manual, Vol. IV subject to the conditions as laid...
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