IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
SABINA, CHANDRA KUMAR SONGARA, JJ.
Gajendra Singh Parihar - Petitioner
Versus
Union of India, Through Its Secretary and Another - Respondents
D.B. Civil Writ Petition No. 36 of 2021
Decided On : 05-01-2021
Constitution of India,1950 - Article 227 – Application - Posted as Income Tax Officer - Transfer order – Challenged - Petitioner is posted as Income Tax Officer, Group ‘B’ Post - It is case of petitioner that he was required to be transferred to a place of his choice in terms of the Annual General Transfer Policy - Officer shall be required to give his/her three “Choice stations” in order of his preference - First choice shall be preferred place of posting - In case an officer has chosen Category ‘D’ or ‘E’ station as one of his/her choice then other two choices shall be from Category ‘A’, ‘B’ or ‘C’ stations – Held, It was case of respondents in their reply before Tribunal that petitioner was due for transfer as he had completer his normal tenure of four years and nine months - Petitioner had been transferred from Jaipur to Jodhpur as per transfer policy and taking into consideration vacancy position and acute shortage of officers and on account of administrative requirement - Learned counsel for petitioner has failed to point out anything from record to establish that transfer of petitioner had been effected by respondents on account of mala-fide reasons - Since petitioner had been transferred on administrative grounds, learned Tribunal rightly dismissed original application filed by petitioner challenging his transfer order – Dismissed.
JUDGMENT/ORDER :
1. Petitioner has filed the petition under Article 227 of the Constitution of India challenging the order dated 24.12.2020 passed by the Central Administrative Tribunal, whereby, original application moved by the petitioner challenging his transfer order dated 07.10.2020, was dismissed.
2. Learned counsel for the petitioner has submitted that the petitioner is due to retire within three years. As per policy framed by the respondents relating to transfers, petitioner was liable to be accommodated on one of the choice station submitted by him. Transfer order has been passed in violation of the transfer policy.
3. Parents of the petitioner are old and are suffering from various ailments.
4. Petitioner is posted as Income Tax Officer, Group ‘B’ Post. It is the case of the petitioner that he was required to be transferred to a place of his choice in terms of the Annual General Transfer Policy.
5. Para/Clause 3 of the policy Annexure-R/1 reads as under:
3.1. All the officers shall be required to submit Application for Transfer/Stay in prescribed format before the AGT.
3.2. The officer shall be required to give his/her three “Choice stations” in order of his preference. The first choice shall be the preferred place of posting. In case an officer has chosen Category ‘D’ or ‘E’ station as one of his/her choice then the other two choices shall be from the Category ‘A’, ‘B’ or ‘C’ stations.
3.3. If an officer fails to submit his application for Transfer/Stay in prescribed format before the due date, it shall be presumed that the officer is having open choice for all the stations.
3.4. It shall be the endeavour of the Local Placement Committee to accommodate the officer at his first choice station.
3.5. If an officer cannot be accommodated at his first choice station, then it shall be the endeavour of the Local Placement Committee to accommodate him/her at one of his two choice stations subject to availability of the vacancies and administrative convenience. In case, it is not feasible to accommodate him/her at his choice stations due to non-availability of vacancies, he/she shall be accommodated to a nearer station to his/her choice stations.
6. A perusal of the above para/clause reveals that every endeavour is to be made for placement of the officer at his place of choice station.
7. Vide the impugned order dated 07.10.2020, petitioner has been transferred from Jaipur to Jodhpur.
8. It was the case of the respondents in their reply before the Tribunal that the petitioner was due for transfer as he had completer his normal tenure of four years and nine months as on 31.03.2020. Petitioner had been transferred from Jaipur to Jodhpur as per the transfer policy and taking into consideration the vacancy position and acute shortage of officers at Jodhpur and on account of administrative requirement.
9. Thus, as per the respondents, the transfer of the petitioner had been effected from Jaipur to Jodhpur on administrative ground and after he had completed his normal tenure at Jaipur.
10. Learned counsel for the petitioner has failed to point out anything from record to establish that the transfer of the petitioner had been effected by the respondents on account of mala-fide reasons. Since the petitioner had been transferred on administrative grounds, learned Tribunal rightly dismissed the original application filed by the petitioner challenging his transfer order.
11. No ground for interference is made out.
12. Dismissed.
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