MIRA MAHANANDA Vs. UNION OF INDIA

JUDGEMENT

(1.) Aggrieved by a part of order dated 05.07.2012 passed in O.A. No. 73 of 2011 (R) whereunder it has been held that the transfer order is not loaded with malafide nor it has been issued to victimise the petitioner, the present writ petition has been filed. Further prayers seeking quashing of Memo dated 16.04.2011 and orders dated 09.04.2011 and 13.04.2011 have also been made in the writ petition.

(2.) The petitioner was appointed on the post of Sweeper, Group D post. She was subsequently posted as Store KHI in Railway Hospital, Chakradharpur. A sparing memo dated 16.04.2011 was served to the petitioner with a direction to report to CMS/BNDM. On an application made under R.T.I., the copy of letter dated 09.04.2011 issued by the CMS/CKP was furnished to the petitioner. The petitioner moved the Central Administrative Tribunal, Patna Bench, Patna in O.A. No. 73 of 2011 (R) seeking quashing of order dated 16.04.2011. The said application has been dismissed recording as under :

(3.) A counter-affidavit has been filed stating that the applicant being junior most Store Khalasi was ordered to transfer in place of Sri Benudhar Mahto by note-sheet dated 07.04.2011. A stand has been taken by the respondents that gazetted and non-gazetted post in the Railway is transferable and the petitioner was appointed on 27.01.2000 with certain conditions, one of which i.e. Clause 7 of the appointment letter clearly stipulates that the employee can be transferred to any Station in the South Eastern Railway. It is further stated that in compliance of order passed by the learned Central Administrative Tribunal, a personal hearing was given to the petitioner on 05.09.2012 and thereafter a detailed order has been passed on 11.09.2012 confirming the transfer of the petitioner.