LAWS(CA)-2003-5-5

O P KEJRIWAL Vs. UNION OF INDIA

Decided On May 08, 2003

JUDGEMENT

(1.) THE applicant of this O.A. has prayed that the impugned order of transfer dated 6.5.2002 passed by the respondent No. 3 as contained in Annexures No. A-1 and A-2 be quashed along with directions for giving consequential benefits.

(2.) Pleadings on record have been perused and learned Counsel for the parties have been heard.

(3.) AT the out-set it may be stated here that in this case an interim order was passed by this Tribunal on 10.5.2002 by which the impugned orders dated 6.5.2002 as contained in Annexure Nos. A-1 and A-2 were stayed till further orders. The interim order passed by this Tribunal on 10.5.2002 was challenged before the Hon'ble High Court of Allahabad, (Lucknow Bench) and by order dated 23.5.2002, the operation of the order dated 10.5.2002 passed by this Tribunal was stayed. The matter was further agitated by the applicant before the Hon'ble Supreme Court of India and the Apex Court dismissed the SLP (Civil) No. 11780/2002 by order dated 17.6.2002 and provided that by consent of parties, two weeks time is granted to the applicant to join his duty at the place of transfer. The applicant finally joined as Principal Director of Estates Northern Command, Jammu on 1st July, 2002 and is still working at Jammu. The headquarters of Central Command is at Lucknow whereas the headquarters of Northern Command is at Jammu.