O. A. No. 2279/2011, M. A. No. 1639/2011. Case: 1. Bal Krishan Sharma S/o Late L. R. Sharma, 2. Gurmeet Singh S/o Bakhshish Singh, 3. Ramu Lal Meena S/o Late P. R. Meena, 4. Susheel Kumar Singh S/o Late D. V. Singh Vs 1. Union of India, Through the Additional Secretary (UT), Ministry of Home Affairs, Government of India, North Block, New Delhi, 2. Secretary, Ministry of Home Affairs, North Block, New Delhi, 3. Delhi Police, Through the Commissioner of Police, Police Headquarters. Central Administrative Tribunal

Case NumberO. A. No. 2279/2011, M. A. No. 1639/2011
JudgesShailendra Pandey (Accountant Member)
IssueService Law
Judgement DateAugust 01, 2011
CourtCentral Administrative Tribunal


(Principal Bench New Delhi)

The applicants, herein, have challenged their transfers from GNCTD to A & N Islands made vide respondents order dated 14.06.2011 primarily on the ground that the respondents have not followed their own transfer policy, one of which is that officers who have longer tenure in Delhi should be transferred out first, and also on the personal grounds such as children studying in Class X and XI, dependents undergoing medical treatment in Delhi hospitals and one of the applicants facing a criminal trial in a case in Delhi etc. defence of which would be difficult if he is transferred out.

  1. On 24.06.2011, dasti notices were issued to the respondents on the main as well as the interim reliefs, and the status quo in the matter was ordered to be maintained.

  2. The respondents counsel has appeared today and has filed his reply dated 29.07.2011 and has handed over a copy of the same to the applicants counsel in Court today. He has taken a preliminary objection that while in the OA the applicants have stated that they have submitted their representations to the Ministry, however these representations have been received only after receipt of the OA and the interim order dated 24.06.2011 thereon. It is stated that a copy of the OA was received for the first time in the Ministry from Delhi Police along with a copy of the order dated 24.6.2011 on 4.7.2011, whereas copies of the representations of the applicants were received through the Delhi Police on 08.07.2011. He, therefore, submits that the applicants have approached the Tribunal without giving the Ministry an opportunity to consider their claim and in that sense the OA is premature and is liable to be dismissed on this ground alone. He has also otherwise opposed the OA stating that transfer and postings are a necessary incidence of service and that the respondents Ministry is, therefore, fully competent to post any employee working under them at any place. It is also stated that the transfers have been issued after due application of mind taking all relevant facts into consideration and taking into accounts the administrative interest of the cadre, and that none of the transfers have been made with any malafide intention.

  3. On behalf of the applicants counsel, time was sought to respond to the reply affidavit of the respondents, received today in the Court.

  4. The Hon'ble Apex Court has through a host of pronouncements over the years reiterated the limited...

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