PHULESHWAR PRASAD SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS Tribunal is faced with a vexing crucial question with regard to its jurisdiction, power and authority in relation to the service matters of various categories of Central Government Employees who have been transferred on deemed deputation with effect from 1st October, 2000 to a newly incorporated Company Bharat Sanchar Nigam Limited (for short 'BSNL').

(2.) A narrative of facts giving rise to the above controversy is that Shri Phuleshwar Prasad Singh (applicant in the two O.As), who admittedly is holding the post of Senior Accounts Officer, having been promoted in the year 1997 in the cadre of Indian Post and Telegraph Accounts and Finance Service Group 'B', is a Member of All India Service. He was posted in the office of Divisional Engineer (Telephone) Darbhanga, Bihar, and was under the administrative control of Department of Telecom, Ministry of Communications, Government of India. By orders dated 16.3.2001 (i.e. after his deemed deputation in BSNL) he was placed under suspension in contemplation of a departmental inquiry by the Member (Finance), Ministry of Communications, Department of Telecom, Respondent No. 2, who continued to be his disciplinary authority. While under suspension the applicant was transferred by BSNL from Bihar to Punjab Telecom Circle by order dated 21.8.2001. He was relieved by the General Manager, Telecom District, Darbhanga on 9.10.2001 to proceed to join in G.M.T.D. Ludhiana. Subsequently, by order dated 2.11.2001 issued by Chief General Manager, Telecom Punjab Circle, Chandigarh (BSNL) in modification of the earlier transfer orders, posted him at Chandigarh. The order of suspension passed on 16.3.2001 was revoked on 1.10.2001 by DoT. A charge-sheet under Rule 16of CCS (CCA) Rules, 1965 for minor penalty dated 12/34.8.2002 was served on the applicant after consultation of the Central Vigilance Commission. A reply to the charge-sheet has been submitted by the applicant on 29.8.2002. Earlier the applicant had submitted a representation dated 18.12.2001 to transfer him from Punjab Circle to Directorate (DoT Call or BSNL, New Delhi) or ALTCC, Ghaziabad. He also made a request to post him in Bihar Telecom Circle at Patna or G.M.T.D., Darbhanga. His representation, it appears, did not receive due consideration and consequently, the applicant filed an O.A. No. 387-CH-2002 which was finally disposed of by Order dated 23.4.2002 with a direction to the respondent authorities to take a decision on the request of the applicant as contained in his representation within the period specified. Ultimately, the representation of the applicant was rejected by order dated 14.6.2002, Annexure A-1 (O.A. No. 1128-CH-2002) passed by BSNL Corporate Office, SEA Selection, New Delhi. By means of O.A. No. 1128-CH-2002, the applicant challenged the aforesaid order and has prayed that the respondent authorities be directed to consider his case for his transfer and posting in Darbhanga Telecom District or Bihar Telecom Circle, DoT Cell or BSNL, New Delhi or ALTCC. Ghaziabad.

(3.) IN the wake of the above facts and the nature of the reliefs claimed by the applicant to challenge the orders passed by BSNL, a "Preliminary Objection" has been taken on behalf of the respondents that since the applicant has been transferred to BSNL alongwith the post which he was holding in Department of Telecommunication on deemed deputation without any deputation allowance on 'as is where is' basis, this Tribunal does not have jurisdiction to test the validity, propriety or genuineness and fairness of the orders passed by BSNL touching his service matters, in the absence of a Notification under Sub-section (2) of Section 14 of the Administrative Tribunals Act, 1985 (for short 'The Act'). Emphatic reliance has been placed on behalf of the respondents on the decision of a Division Bench of the Bombay High Court in the case of Bharat Sanchar Nigam Limited v. A.R. Patil and Ors. reported in 2002(3) ATJ I, as well as the decision of this Tribunal dated 20th December, 2002 in O.A. No. 863-PB-2002, Ajay Kumar v. Union of INdia and Ors.. On merits, it is maintained by BSNL that since the applicant is facing a departmental enquiry, his case for promotion on ad hoc basis has not been considered and that he cannot insist for a particular posting as he is holding a post which carries all INdia transfer liability. IN the replication filed by the applicant, the stand taken on behalf of the respondents that this Tribunal has no jurisdiction to entertain the Original Applications challenging the orders passed by the BSNL and for the reliefs claimed against it, has been repelled with equal vehemence.