##PAGE1##

1 OA N0. 701/2018

CENTRAL ADMINISTRATIVE TRIBUNAL

PATNA BENCH, PATNA

OA/050/00701/2018

Order dated: 23.12.2025.

CORAM

HON’LE MR. KUMAR RAJESH CHANDRA, MEMBER (A)

Santosh Mishra, Son of Late Lallan Mishra, Resident of Village &

P.O. -Paharpur P.S. - Garhani, District - Bhojpur, PIN No. 802201.

……..Applicant.

- By Advocate(s) :- Shri Gautam Saha.

-Versus-

1. The Union of India through the General Manager, East Central

Railway, Hajipur, Vaishali, PIN No. 844118.

2. General Manager (Personnel), East Central Railway, Hajipur,

Vaishali, PIN No. 844118.

3. General Manager (Vigilance), East Central Railway, Hajipur,

Vaishali, PIN No. 844118.

4. Deputy Chief Vigilance Officer, East Central Railway, Hajipur,

Vaishali, PIN No. 844118.

5. Chief Commercial Manager, East Central Railway, Hajipur,

Vaishali, PIN No. 844118.

6. Senior Divisional Personnel Officer, Dhanbad Division, East

Central Rail Dhanbad, PIN No. 826012.

7. Senior Divisional Commercial Manager, Dhanbad Division, East

Central Railway, Dhanbad, PIN No. 826012.

8. Station Manager, Chandrapura Station, Dhanbad Division, East

Central Railway, PIN No. 828403.

…….Respondents.

By Advocate(s) :- None.

O R D E R (ORAL)

Present OA has been filed by the Applicants for the following relief:-

“8.1 To quash the Office Order dated 12.10.2017 passed by the General

Manager (P), East Central Railway, Hajipur as referred in the Order

dated 07.11.2017 (A-10) issued by the Senior Divisional Personnel

Officer, East Central Railway, Dhanbad, after calling the same from the

General Manager (P), East Central Railway, Hajipur etc., since the copy

of the Office Order dated 12.10.2017 has never been served upon the

applicant, by which the applicant who is a Group C employee of Dhanbad

Division of East Central Railway has been illegally, arbitrarily and

malafidely transferred on Inter Railway/ Inter Zonal basis from Anpara at

BINAY Digitally

signed by

PRAS

BINAY

AD

PRASAD

2 OA N0. 701/2018

Krishnashila Station under Dhanbad Division of East Central Railway to

Bilaspur Division of South East Central Railway, Bilaspur without

competency, without due consideration of all aspects of the matter and

only as per the dictates of the high officials of Vigilance Department of

East Central Railway, Hajipur for extraneous considerations.

8.2 To quash the Order dated 07.11.2017 (A-10) issued by the Senior

Divisional Personnel Officer, East Central Railway, Dhanbad alleged to

be as per the direction of the General Manager (P), East Central Railway,

Hajipur addressed to the Station Manager of Krishnashila Station under

Dhanbad Division of East Central Railway and Commercial Supervisor of

Singarauli Station under Dhanbad Division of East Central Railway (not

addressed to the applicant) copy of which has only been received by the

applicant on 08.02.2018 and that too unofficially, by which they have been

communicated that applicant has been ordered for transfer on Inter

Railway/Inter Zonal basis from Anpara at Krishnashila Station under

Dhanbad Division of East Central Railway to Bilaspur Division of South

East Central Railway, Bilaspur.

8.3 To direct the respondents for transfer/posting of applicant at any

station of Dhanbad Division nearest to Dhanbad Railway Court where the

criminal case is proceeding on the basis of FIRs lodged by the applicant

as well as by Sri Suraj Prasad Poddar, Chief Vigilance Inspector, East

Central Railway, Hajipur in order to facilitate/granting the applicant

proper opportunity of defence.

8.4 For any other appropriate relief or reliefs, which this Hon'ble

Tribunal may deem fit and proper in the facts and circumstances of the

case.”

2. The brief facts as narrated by the counsel for the applicant in

the instant OA are that: -

(i) Applicant is a Group-C employee of Dhanbad Division

of E.C. Railway and presently holding the post of Senior Goods

Clerk/Sr. Commercial Clerk. He discharged his duty from

11.01.2003 to October, 2010 at Phusro Station. He was

promoted as Sr. Commercial Clerk in the month of August,

2008 and on transfer he joined at Chandrapura