A.P. Bhattacharya, J. - (1.) This application under Sec. 19 of the Administrative Tribunals Act, 1985 has been filed by Shri Debendra Nath Bag against the Union of India, represented by the General Manager, Eastern Railway and four others.
(2.) The applicant was initially appointed as a Clerk, Grade -II in 1957. In 1971 he was promoted to the post of Clerk, Grade -I when he opted to join the Stores Keeping Cadre. In 1973 he was promoted to the post of Ward Keeper. The applicant was further promoted as Assistant Stores Keeper in 1979 and in 1981 he was promoted as a Depot Stores Keeper, Grade -II. Afterwards he was promoted on ad hoc basis to the post of Depot Stores Keeper, Grade -I in which post he was confirmed. On 14 -3 -1986 Deputy Controller of Stores, Eastern Railway, Liluah issued an order by which the applicant was transferred from Liluah Stores Depot to Jamalpur Stores Depot under the administrative control of the District Controller of Stores, Jamalpur. The applicant challenges that order on the ground that the Deputy Controller of Stores had no authority to pass an order of transfer. It is his further challenge that no order has yet been passed by the competent authority to make an inter -depot transfer. The applicant states that just after the said order of transfer was passed a major penalty charge -sheet was issued against him on some allegations. So, it is his contention that the said transfer order was passed as a measure of penalty before any conclusion was arrived at on the allegations brought against him. On 15 -7 -1987 a meeting was held between the representatives of the Eastern Railway Mens' Union, Liluah and Deputy Controller of Stores, Liluah when the applicant came to know that along with the post of Depot Stores Keeper, Grade -I he was transferred from Liluah Depot to Jamalpur Depot. It is his contention that without taking his consent and without a proper order about his lien no such transfer of post could be lawfully made. On 4 -6 -1986 he made a representation to the concerned authority for cancellation of his order of transfer but to no effect. Challenging the order of transfer and the charge -sheet issued against him the applicant filed an application before this Tribunal which was numbered as O.A. 19 of 1988. As there was some formal defect the applicant withdrew his challenge against the order of transfer with liberty to file a fresh application on that issue. The present application had been filed after such liberty was given by this Tribunal on 11 -1 -1988. In filing the application the applicant has prayed for issuing direction upon the respondents so that they may cancel or rescind the order of transfer dated 14 -3 -1986 and restore his position in his present cadre at Liluah.
(3.) The application has been contested by the respondents. It is their case in their reply that at the time then the applicant was holding the post of Depot Stores Keeper serious fault was detected by the vigilance department in the working of the office and disciplinary action was proposed to be initiated by the direction of the Railway Board which was based on the report submitted by the vigilance department. The respondents state that no administrative ground the applicant was transferred from Liluah to Jamalpur. After that order was passed a major penalty chargesheet was issued against him. The respondents aver that the order of transfer was duly passed by the competent authority and it was not passed as a penal measure. In addition to the above mentioned averments a plea of limitation has been taken up by the respondents. According to them when the order of transfer was passed on 14 -3 -1986 the present application filed more than two years after that order is hopelessly barred by limitation.;