R D JAGLAN S/O SH CHANDGI RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) VALIDITY of transfer and posting order dated 13.09.2006 is challenged in the present application.

(2.) Factual matrix is that applicant, initially appointed as Section Engineer in the year 1981, is presently working as Sr. Section Engineer (P. Way) Special, Northern Railway, Rohtak. He was transferred and posted as SSE (PW) TRT Rohtak vide DPO letter dated 12.08.2002. After completion of work at Rohtak, he was transferred to Baraut w.e.f. 20.05.2003. From Baraut, he was further transferred to Shamili w.e.f. 01.03.2004. Vide letter dated 10.06.2004, he was transferred back to Rohtak and joined duty on 10.12.2004. He was temporarily deputed to assist Sr. DEN/V and sent back to Rohtak on 18.1.2005. In the year 2004, Respondents decided to recover penal rent of Rs. 7,213/- per month, declaring him to be unauthorized occupant of Government accommodation and, therefore, he filed OA No. 3001/2004 before this Bench, which was allowed vide order dated 22.02.2005. The Railways filed Writ Petition No. 8671/2005 before Hon'ble Delhi High Court, wherein Rule DB was issued on 24.5.2006 and, in the meantime, the respondent (applicant herein) was directed to continue "to be in possession of the quarter occupied by him during his posting at Rohtak", and to pay normal rent.

(3.) SHRI Yogesh Sharma, learned Counsel for applicant contended that applicant has been posted vice M.L. Meena at Jind, who in turn also made representation against his transfer on the ground of mid academic session and further that he has not been relieved so far. Further reliance was placed on Dr. Ravi Shankar v. Union of India and Ors. 2005 (1) ATJ 104, to contend that non-disclosure of reasons in a transfer order is a fundamental defect and same cannot be supplemented by filing affidavits. The ruling of K.P. Prasad v. Union of India 2004 (3) ATJ 97 was pressed to contend that if authorities failed to show that there have been any administrative exigency in transferring the official or the reason to transfer had been taken in public interest after due application of mind to all relevant aspects, the order is liable to be quashed.