G K RAJU AFLE CHINESE Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this second round of litigation, applicant challenges impugned memorandum dated 10.05.2006, reiterating earlier transfer order. Applicant also challenges Memorandum dated 15.05.2006 enclosing aforesaid Memorandum dated 10.05.2006, as the same could not be served upon him due to his proceeding on 26 days earned leave w.e.f. 08.05.2006.

(2.) Admitted facts are that applicant initially joined Intelligence Bureau in the year 1989 as ACIO-I, and promoted in the year 1996. He was posted at IB Headquarters from May 1996 to April 2006, & is presently holding Group-A Gazetted post of Assistant Foreign Language Expert (hereinafter referred as AFLE) in pay scale of Rs. 8000-13500/-. Initially vide order dated 05.12.2005, he was transferred to Itanagar (North East), which was modified to Kolkata. OA No. 339/2006 was instituted challenging aforesaid transfer on the ground of discrimination etc. Said OA was disposed of vide order dated 30.03.2006 noticing his undertaking that he would join new place of posting, i.e. Kolkata within 15 days from said date. Respondent No. 2 was also directed to formulate and lay down transfer policy/guidelines within a period of one month, besides direction to reconsider his posting in the wake of guidelines to be so formulated. In compliance thereto, Respondents issued impugned Memorandum dated 10.05.2006, stating that on reconsideration particularly in view of internal transfer policy framed, competent authority has ordered that his transfer to Kolkata "will stay in force". Said Memorandum could not be served upon him, which fact has been informed by SIB, Kolkata vide fax dated 12.05.2006. Therefore, a copy of aforesaid Memorandum was sent to his home address in Delhi vide Memorandum dated 15.05.2006.

(3.) RESPONDENTS stoutly opposed the claim laid stating that Director, Intelligence Bureau has a right to transfer/post any employee to RESPONDENTS' subsidiary offices all over India, taking into consideration operational requirements of the Organization and individual officer's capabilities and experience etc. All personnel of Respondent-Department carry an all India transfer liability and are accordingly liable to be transferred to a place anywhere in India. No employee has a legal right to be posted forever at any one particular place or unit of his choice. He has served for a decade at the Headquarters. In terms of direction issued by this Tribunal vide order dated 30.03.2006 in OA No. 339/2006, transfer/posting policy has been formulated, a copy of which was produced by RESPONDENTS during the course of hearing. The basic feature of said policy is that the officials, who cross 56 years of age as on March 31 of concerned year will not normally be transferred to North-Eastern region, Jammu & Kashmir and Leh unless they themselves make a request or on administrative/operational requirements. Transfers should normally be carried out within 45 days of the issue of order. Transfer/posting shall be ordered with a broad objective of maintaining and enhancing organizational efficiency and effectiveness keeping in view various factors mentioned under Para-1 thereof. His request was considered keeping in view aforesaid policy and vide impugned Memorandum dated 10.5.2006 it was decided to maintain his transfer to Kolkata, a copy of which could not be served upon him as he proceeded on 26 days earned leave on 8.5.2006. Allegations of arbitrariness, discrimination and malafides were denied. Lady officials were also transferred vide order dated 22.062006/11.09.2006. Shri Manmeet Singh, learned proxy counsel appearing along with Mrs. Avinash Kaur pointed out that in total there are four persons in the cadre of AFLE (Chinese), out of which two are ladies. Both the lady officers were posted/transferred out of Delhi and, therefore, the allegation of gender discrimination no longer survives. On an earlier occasion, applicant was transferred to Shimla in the year 2002 against which he had submitted a representation, which request had been acceded to. As such, applicant has no right of being posted at a particular station/unit for all times to come. His representation was duly considered at the level of Director, IB and it was not found feasible to accede to his request. Smt. Ikbal Bararia, AFLE (Chinese) was also transferred out to Itanagar vide order dated 22.06.2002, which had been deferred for a period of one year due to her ill health and education of children. The department is under no legal obligation to provide a copy of the internal transfer policy to the applicant as it is a confidential document.