JUDGEMENT
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(1.) AFTER having heard the learned counsel for the petitioner - applicant and having perused the material placed on record, we are
unable to find any reason to consider interference in the order dated
03.03.2014 as passed in Original Application ('OA') No.133/2013, whereby the Central Administrative Tribunal, Jodhpur Bench,
Jodhpur ('CAT') has declined to interfere in the order of transfer of
the petitioner.
(2.) THE sum and substance of the matter remains that the petitioner -applicant, while working as Telecom Mechanic ('MT') in
the Office of Sub Divisional Engineer (OCB), Bharat Sanchar Nigam
Limited, Jodhpur, has been transferred to the Unit at Dechu with the
Sub Divisional Engineer, Balesar by the order dated 05.12.2012.
The petitioner challenged this order dated 05.12.2012 earlier in OA No.25/2013, which was disposed of by the CAT on 22.01.2013 while
directing the Senior General Manager to treat the OA as a
representation and to decide the same. After consideration of the
representation, the respondents, however, maintained the order of
transfer dated 05.12.2012.
(3.) QUESTIONING the order of transfer by another OA (No.133/2013), it was contended on behalf of the petitioner that the
DBCWP No.2058/2014
transfer was claimed to have been made in the interest of service but
no details, particulars or material showing interest of service were
mentioned in the order, which amounted to oblique motive and
malice in law. It was also averred that the transfer had been ordered
in violation of transfer policy. It was yet further averred that the
transfer of the petitioner was claimed to have been made due to
longer stay but many other MTs of longer stay had not been
transferred. It was also submitted that the petitioner's son and
daughters were carrying on the studies at Jodhpur and his mid -
session transfer was likely to cause serious prejudice. The
respondents filed a reply refuting the allegations.;
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