CENTRAL ADMINISTRATIVE TRIBUNAL

PRINCIPAL BENCH

OA No-3818/2018

MA-4686/2018

New Delhi, this the 19^th day of December, 2018

Hon’ble Sh. V. Ajay Kumar, Member (J)

Hon’ble Sh. A.K. Bishnoi, Member (A)

Mukesh Kumar Meena, Aged 40 years,

S/o Sh. Ram Charan, JE (Group B),

R/o D-4/4236, Vasant Kunj,

New Delhi.

...

Applicant

(through Sh. M.K. Bharadwaj)

Versus

1.South Delhi Municipal Corporation,

Through its Commissioner,

Engineering Department (HQ),

19^th Level, E-Block, Dr. SPM Civic Centre,

JLN Marg, New Delhi-110002.

2.Dy. Commissioner,

South Delhi Municipal Corporation,

Green Park, New Delhi.

3.Sh. K.C. Bhardwaj,

Administrative Officer,

Engineering (HQ),

South Delhi Municipal Corporation. ... Respondents

(through Sh. D.S. Mahendru)

ORDER (ORAL)

Hon’ble Sh. V. Ajay Kumar, Member (J)

When this matter was taken up for hearing, both the

counsel agreed for final hearing of the OA.

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2. While the applicant was working as Junior Engineer under

the West Zone of the respondents - SDMC he was transferred to

the South Zone vide Annexure A/3 dated 24.01.2018.

Accordingly, he joined South Zone on 01.02.2018. However,

even before he completed one year there, the respondents

vide the impugned order, transferred him from South Zone to

Central Zone. It is submitted by the applicant that the said

order is a non-speaking order, though it was stated that the

same was issued in public interest/administrative convenience.

This Tribunal on 08.10.2018 while issuing notices directed the

respondents to maintain status quo obtaining as on the said

date. It is submitted by respondent’s counsel today that the

applicant was relieved from the South Zone on 01.10.2018 itself,

which is disputed by the applicant’s counsel.

3. However, learned counsel for the applicant today submits

that the applicant would be satisfied if the OA is disposed of by

permitting the applicant to make a representation against the

impugned transfer order and the respondents are directed to

consider and dispose of the same within a fixed time frame.

Learned counsel for the respondents submits that they have

already filed counter in the OA specifying their stand and at this

stage even if the applicant is permitted to make a

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representation and they are directed to pass an order, there

would not be any change in their stand.

4. It is seen that the applicant filed instant OA without

making any representation against the impugned transfer

order. Once the applicant himself seeks permission to make a

representation, it cannot be stated as an unjustifiable request.

5. In the circumstances, the OA is disposed of without going

into the merits of the case by permitting the applicant to make

an appropriate representation against the impugned transfer

order within two weeks from today and on receipt of such a

representation from the applicant, the respondents shall

consider the same keeping in view the policy and rules

applicable to the applicant, and pass appropriate reasoned

and speaking orders thereon, in accordance with law, within

sixty days therefrom. No costs.

All pending MAs are disposed of.

(A.K. Bishnoi)

(V. Ajay Kumar)

Member(A)

Member(J)

/ns/