UNION OF INDIA Vs. GANESH DASS SINGH

JUDGEMENT

(1.) Delay condoned.

(2.) Special leave granted.

(3.) The respondent was posted at FOD Jodhpur from which he was transferred to the FOD Udhampur. He challenged his transfer on the ground of mala fides without indicating any particular individual against whom the mala fides were alleged, or impleading that person by name. The respondent also alleged that his superiors were annoyed on account of his trade union activities and the complaints made by him in that capacity about the functioning of the depot. The tribunal did not accept the respondent's contention that the transfer was made on account of the complaints made by the respondent about the functioning of the Depot. However, the tribunal appears to have been influenced by the respondent's assertion that his trade union activities had influenced the transfer. Accordingly, the tribunal held that the transfer order had been made in colourable exercise of power. The transfer was accordingly quashed.