1982 Supreme(Raj) 517
RAJASTHAN HIGH COURT AT JAIPUR BENCH
N.M.Kasliwal, S.N.Bhargava, JJ.
R.N. Sharma etc. etc. - Appellant
Versus
Union of India - Respondent
D.B. Spl. Appeal Nos. 31, 201 212, 218 & 219 of 1982.
Decided On : 21-12-1982
Transfer orders issued by the Railway Administration against office-bearers of the All India Station Masters Association were held to be mala fide and issued with an ulterior motive to punish them for their participation in a control phone boycott and to curb their trade union activities.
Headnote:
RAILWAY TRANSFER - MALA FIDE - PUBLIC INTEREST - ARTICLE 14 AND 16 OF THE CONSTITUTION OF INDIA - TRANSFER OF OFFICE-BEARERS OF ALL INDIA STATION MASTERS ASSOCIATION - CONTROL PHONE BOYCOTT - ADMINISTRATIVE CONVENIENCE - TRANSFER FOR COLLATERAL PURPOSES - MALA FIDE EXERCISE OF POWER - INTERFERENCE BY THE COURT - RAILWAY ESTABLISHMENT CODE VOL. I, RULE 146.
Fact of the Case:
The petitioners, office-bearers of the All India Station Masters Association, challenged their transfer orders issued by the Railway Administration as mala fide and violative of Articles 14 and 16 of the Constitution. The transfers were made after the Association's members engaged in a control phone boycott to protest their grievances.
Finding of the Court:
The Court held that the transfer orders were mala fide and issued with the ulterior motive of punishing the petitioners for their participation in the control phone boycott and to curb their trade union activities. The Court found that the Railway Administration failed to provide any evidence or justification for the transfers being in the interest of administration or exigencies of service.
Issues: 1. Whether the transfer orders were mala fide and issued with an ulterior motive to punish the petitioners for their participation in the control phone boycott and to curb their trade union activities? 2. Whether the Railway Administration provided any evidence or justification for the transfers being in the interest of administration or exigencies of service?
Ratio Decidendi: The Court relied on various precedents and principles to arrive at its decision: 1. The Court held that the transfer orders were mala fide and issued with an ulterior motive based on the following factors: - The transfers were made only against the office-bearers of the Association and not against other members who participated in the control phone boycott. - The Railway Administration failed to provide any evidence or justification for the transfers being in the interest of administration or exigencies of service. - The transfers were made after the control phone boycott had taken place, indicating that they were not intended to prevent any future action by the Association. 2. The Court held that the Railway Administration's reliance on the need to maintain administrative convenience and public interest was not supported by any evidence or reasoning.
Final Decision: The Court allowed the special appeals, set aside the judgment of the learned Single Judge, allowed the writ petitions, and quashed the transfer orders of the petitioners-appellants.
JUDGMENT
1. - These special appeals involve identical question and therefore they have been heard together and are being decided by one common judgment.
2. The present appellants and one Chandra Kiran Bansal had filed six separate writ petitions which came up for decision before the Learned Single Judge. Special Appeal No. 31 of 1982 arises out of the Judgment delivered by the learned Single Judge, Hon'ble Dr. K.S. Sidhu J. on 31/3/1982, whereas all the other four special appeals arise out of the common judgment delivered by the learned Single ,Judge, Hon'ble G.M.Lodha J., dated 30/7/1982.
3. Shri Vikram Singh Chauhan was the Divisional Chairman of the All India Station Masters Association at Ajmer Division and was posted at Abu Road, and has been transferred to Madras, i.e. from Western Railway to Southern Railway.
4. Shri R.K. Bhatnagar, who was Zonal Vice-President of All India Station Masters Association was posted as Station Master, Gagalkhari (Jaipur Division of Western Railway) has been transferred to Bhavnagar Division.
5. Shri R.N. Sharma, Asst. Station Master, Bandikui, who was General Secretary of All India Station Masters Association, Western Railway, was transferred to Southern Railway.
6. Shri Gopinath, who was posted as Station Master, Roopwas(Western Railways) and was Divisional President, Kota Division, All India Station Masters Association, has been transferred to Bhavnagar Division.
7. Shri Rajendra Kumar, who was posted as Assistant Station Master, Gangapur City and was Divisional Secretary, Kota Division, was transferred to Bhavnagar Division. Several other office-bearers of the All India Station Masters Association were transferred from one division to another division, or from one Railway to another railway. But, only six writ petitions seem to have been filed challenging their transfer orders in the High Court, Jaipur Bench. One writ petition filed by Ravindra Nath Sharma came to be decided by Hon'ble Dr. K.S. Sidhu J. on 31/3/1982, and the other five writ petitions were disposed of by Hon'ble G.M. Lodha J. by his order dated 30/7/1982. It appears that Shri Chandra Kiran Bansal, who had filed a writ petition in the High Court, S.B. Civil writ Petition No. 726/1981, disposed of by Hon'ble Lodha J. has not filed any special appeal. All the five special appeals have been heard together and are being disposed of by this single judgment.
8. The writ petitions filed by the petitioners were admitted. The operation of the transfer order was stayed and after hearing the argument the stay orders passed were confirmed. After the judgment of the learned Single judge dismissing the writ petitions when the appeals came up for admission, Mr. G.S. Bapna had filed caveat on behalf of the Union of India and the learned counsel for both the parties requested that the appeals may be decided on merits at the admission stage and, therefore, the special appeals were heard at length at the admission stage and are being decided finally by this common judgment.
9. During the pendency of the appeals status quo was ordered to be maintained and, as such, the impugned transfer orders have taken effect so far as the present appellants are concerned.
10. The petitioners' averments in the various writ petitions, briefly stated, are that Indian Railways are divided into several railways, such as Western Rly., Southern Rly. and so on. Every zone consists of several railway divisions. Western Railway consists of eight railway Divisions. Each railway division is a unit for the purpose of seniority and promotion of Asst. Station Masters/Station Masters. The seniority in that cadre is maintained division wise throughout the Indian Railways. The avenues of promotion are also confined within the division. There are nearly 4000 station masters in Western Railway. Station Masters and Asst. Station Masters have formed a registered trade union, which is known as All India Station Masters Association and, which has its Branches in all railways and various d
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