DIPAK MISRA, SANJAY YADAV
SUBASH ROY – Appellant
Versus
COAL INDIA LTD – Respondent
( 1. ) CHALLENGE in this Writ Appeal filed under Section 2 (1) of Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam 2005, is to an order dated 17. 4. 2008 passed by learned single Judge in W. P. No. 14003/2007, whereby the challenge to an order of transfer of Appellant passed on 13/17th September, 2007 was nullified on the ground that the same is neither malicious nor without an authority but in administrative exigency.
( 2. ) THE facts in nutshell are that the appellant is a Senior Dumper Operator, a non-executive Cadre post, in the service of Northern Coal Fields Ltd. a subsidiary of Coal India Ltd. (for short NCL) and was posted at Bina Project, NCL Singrauli. By order dated 13. 11. 2006, the appellant was transferred to Mahanadi Coal fields ltd. , Sambalpur, another subsidiary of Coal India Ltd. The appellant questioned the same in W. P. No. 17186/2006 (s) filed before this Court on the ground that it was passed by an officer who was not having any authority to do so and that the petitioner was singled out with malafide intention because of the exposure by the appellant of unfair practice of the management. The said Writ Petition was dismissed on 14.
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