SUDHIR SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) SINCE both the O.As. involve common question of facts and law, they are being decided by a common order.

(2.) The above O.As. have been filed for quashing of the impugned transfer orders contained as Annexure 1 in both the O.As, Transfer order in respect of applicant in O.A. No. 154/03 is dated 11.3.2003 transferring the applicant from Doordarshan Kendra Lucknow to Doordarshan Kendra Patna and the applicant in O.A. No. 155/03 has been transferred from Doordarshan Kendra Lucknow to Doordarshan Kendra Raipur vide order dated 5.3.03.

(3.) IT is on the other hand argued by the learned Counsel for the applicant that Full Bench of Principal Bench of this Tribunal while deciding bunch of various O.As. including O.A. No. 883/2000 Preet Pal Singh and Ors. v. Union of India and Ors., decided on 5.7.2001, has held that the Government employees even if working with the Prasar Bharti continue to be Government Employees governed under the relevant rules and instructions issued by the Govt. of India and therefore, the present applicant also being a Central Government employee can file the O.A. before this Tribunal for his grievance. The learned Counsel for the respondents has placed reliance on the same decision and has urged that the Full Bench has also held that the Government servants who have been sent to Prasar Bharti on deputation or otherwise can be transferred by the Prasar Bharti in terms of the provisions of the Prasar Bharti Act. Since the applicant has sought to challenge the transfer order passed by the Prasar Bharti, the same cannot be challenged before the Tribunal because the Prasar Bharti has not been notified under Section 14 of the A.T. Act.