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2005 Supreme(All) 1629

B.S.CHAUHAN, SHISHIR KUMAR
Krishna Chandra Dubey Ram Raj Dubey – Appellant
Versus
Union of India (UOI) through the Secretary Ministry of Agriculture – Respondent


Advocates:
KRISHNA AGRAWAL, N.P.Singh, P.B.SIROHI, SUDHIR AGRAWAL,

B. S. CHAUHAN, J.

( 1 ) THIS writ petition has been filed for setting the aside the judgment and order of the Central administrative Tribunal, Allahabad Bench, dated 10. 11. 2000 (Annex. 12), by which the Original application of the petitioner against the order of transfer dated 24. 11. 1998 (Annex. 5) has been rejected.

( 2 ) THE facts and circumstances giving rise to this case are that petitioner while working as a senior Scientist in Indian Council of Agriculture Research (in short icaro was transferred vide order 24. 11. 1998 in public interest from the post of Scientist (Horticulture), Central Soil and water Conservation Research and Training Institute, Agra to Central Soil and Water conservation Research and Training Institute, Koraput, Orissa. Petitioner challenged the said order before the Tribunal on various grounds, inter-alia, that earlier, he had worked in backward area (Ranchi) and as per the transfer policy/statutory Rules, he could not be posted again in backward area the transfer order cannot be passed in public interest and it could be passed only on administrative ground; the transfer order suffered from mala fide as the same was passed to accommodate Dr. Dinesh K















































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