ASHOK KUMAR GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD the learned Counsel for the parties.

(2.) Applicant impugns his transfer from Idgah, Agra Division to Allahabad Division on the ground of pending disciplinary proceedings, which has been concluded for want of a final order.

(3.) 8 Transfer of Railway servants from one unit of seniority to another unit of seniority on administrative grounds except on promotion / due to shrinkage of cadre / legal requirements etc., should be ordered rarely and in public interest only e.g., in cases where the conduct of an employee is under investigation or where in the interests of the Administration it is considered that the Railway servant should be kept at another station. In such cases of transfer, the Railway servants so transferred are given protection of seniority, causing hardship to the staff awaiting promotion in the unit to which they have been transferred. Therefore, such transfers should be ordered only when absolutely inescapable. Where an enquiry is pending against the Railway servant, the same should be processed expeditiously and the matter finalized as early as possible, so that the Railway servant may be transferred back to his original unit of seniority