D.B. Civil Writ Petition No. 17512/2012. Case: Ramesh Chandra Sharma Vs Central Administrative Tribunal, Jaipur Bench, Jaipur & Ors.. Rajasthan High Court

Case NumberD.B. Civil Writ Petition No. 17512/2012
CounselFor Appellant: Mr. Dharmendra Jain, Adv.
JudgesArun Mishra and Narendra Kumar Jain-I, JJ.
IssueService Law
Judgement DateNovember 01, 2012
CourtRajasthan High Court

Order:

Narendra Kumar Jain -I, J.

  1. Heard the learned counsel for petitioner. Petitioner has preferred this writ petition challenging the impugned order of Central Administrative Tribunal, Jaipur Bench, Jaipur (for short' the Tribunal') dated 16.08.2012, whereby Original Application No. 215/2012, filed by petitioner against his transfer order dated 28.02.2012, has been dismissed.

  2. Submission of the learned counsel for petitioner is that transfer of petitioner was contrary to transfer policy. He submitted that respondent Nos. 4 and 5, namely Shri Bhawani Dutt Sharma and Shri N.K. Siddha had longer stay at Jaipur than the applicant, but they have not been transferred out of Jaipur. Petitioner has been transferred to Ringus, which is about 100 Kms. away from Jaipur. He, therefore, submitted that Tribunal committed an illegality in dismissing the Original Application of petitioner.

  3. We have considered the submissions of learned counsel for petitioner and examined the impugned order passed by the Tribunal.

  4. Tribunal has considered the submissions of both the parties. Submission of respondents before the Tribunal was that transfer of applicant is as per policy of respondent-Department. The transfer policy was placed on record and it was submitted that petitioner has completed 4 years period, as provided in the transfer policy. So far as private respondents are concerned, they were senior employees and their transfer is also as per transfer policy itself.

  5. Learned Tribunal, after considering the submissions of the parties, dismissed the Original Application of...

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