K K SINGH S/O SHRI S P SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) MATTER had been heard at length.

(2.) Challenge is made to order dated 15.5.2006, whereby applicant has been transferred from NPQS, New Delhi to CIPMC, Nagpur. Learned Counsel for respondents produced departmental records to justify in issuing said transfer order, as there had been certain allegations of misconduct against him. A prima facie view has been taken by the authorities to investigate the matter. Learned Counsel for applicant contended that he had never been put to any notice on this account and, therefore, transfer order is rendered punitive in the given circumstances.

(3.) LEARNED Counsel for applicant states that except for fifteen days from 01.5.2006 to 15.5.2006, when he occupied the post at NPQS, New Delhi he had never held sensitive post in the respondents' organization. Further the normal tenure as per the transfer policy, in a non-sensitive post, is seven years, though the said period is five years in case of sensitive posting. LEARNED Counsel further contends that if the respondents wish to proceed against him departmentally, he needs to be posted not at Nagpur but at Delhi or nearby place, as number of vacancies in non-sensitive post are available with respondents. Three vacancies are available at Faridabad, two at Delhi and one vacancy at Amritsar.