ORDER :

The Union of India has come up in the appeals aggrieved by the judgment and order passed by the High court on 3.9.2012 thereby allowing the writ petition filed by respondent-Pradeep Sharma. Respondent was appointed as Intelligence Officer, Grade II, in the Intelligence Bureau, Department of Government of India, Ministry of Home Affairs on 13.6.1986. He was promoted to the post of Assistant Central Intelligence Officer, Grade I, on 15.1.1996 and was holding the said Grade. Thereafter, he was posted from one office to another office at Jammu itself, vide order dated 28th August 1998, bearing No.95. He was transferred, from ACIO-I(G) in Int-Field unit of SIB, Jammu to NCO-Central Intelligence Branch of SIB, and was relieved of his duties on 1.9.1998. He was required to join the office to which he had been transferred. Admittedly, he did not join in the office of NCO, Central Intelligence Branch of SIB, purportedly on the ground that the Assistant Director, who was, at the time, the head of the said office, was inimically disposed against the appellant, and had threatened him with the removal from service in case he joined in the said office.

2. Since the respondent did not join