Tejinder Singh Dhindsa, J - (1.) The Union of India is before us in the present writ petition impugning the order dated 29.7.2011 passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (herein after referred to as the Tribunal), whereby the Original Application filed by respondent no.1 seeking quashing of his transfer from Pathankot to Phagwara has been allowed.
(2.) Briefly stated, the facts are that respondent no.1 was promoted to the post of Senior Section Engineer in the pay scale of Rs. 7450-11,800/- and was posted at Ludhiana in the year 2006. Respondent no.1 was transferred from Ludhiana to Pathankot in December, 2008. He forwarded a request on 27.1.2009 to be either retained at Ludhiana or to be adjusted at Jallandhar. The authorities did not accede to his request and as such respondent no.1 joined his duties at Pathankot on the post of Senior Section Engineer on 29.1.2009 and continued to serve there till 19.4.2011 when he was served with yet another transfer order. The transfer order dated 19.4.2011 transferring respondent no.1 from Pathankot to Phagwara CWP No. 23364 of 2011 mentioned that such transfer was being effected at his own request and as such he was not even entitled to joining time etc. Accordingly, respondent no.1 was constrained to file Original Application No. 613-Pb.-2011 before the Tribunal to impugne the order of transfer dated 19.4.2011. The Tribunal vide impugned order dated 29.7.2011 has held the transfer order to be bad in law being inherently illegal in the facts and circumstances of the case and consequently set aside the transfer order dated 19.4.2011.
(3.) Mr. G.S. Bal, learned counsel appearing for the petitioner has been heard at length. Counsel contends that the transfer order of respondent no.1 from Pathankot to Phagwara was in the bonafide exercise of power. A further submission has been made that Union of India would have no objection to deletion of that part of the transfer order which refers to the transfer of respondent no.1 having been made on his own request.;