HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

D.B. Special Appeal Writ No. 735/2021

In

S.B. Civil Writ Petition No.13357/2020

Sunil Atolia S/o Shri Ramesh Chandra Atolia, Aged About 52

Years, R/o Flat No. 1, Hpcl Officers Flats, Model Town, Malviya

Nagar, Jaipur (Raj.)

----Appellant

Versus

1.

Hindustan Petroleum Corporation Limited, Through Its

Chairman And Managing Director, Petroleum House, 17,

Jamshedji Tata Road, Mumbai- 400020

2.

Shri Mukesh Kumar Surana, Chairman And Managing

Director, Hindustan Petroleum Corporation Limited,

Petroleum House, 17, Jamshedji Tata Road, Mumbai-

400020

3.

The Executive Director, Human Resources, Hindustan

Petroleum Corp. Limited, Petroleum House, 17,

Jamshedji Tata Road, Mumbai- 400020.

----Respondents

For Appellant(s)

:

Shri Mahendra Shah through VC with

Shri Vigyan Shah & Shri Akshit Gupta

For Respondent(s)

:

Shri Sudhanshu Kasliwal, Sr. Advocate

through VC with Ms. Sukriti Kasliwal

and Ms. Chanchal Sharma

HON'BLE MR. JUSTICE SANGEET LODHA

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Judgment

27/08/2021

(PER HON’BLE MR. JUSTICE MAHENDAR KUMAR GOYAL):

This intra court appeal has been filed by the unsuccessful

petitioner against the order dated 18.8.2021 whereby the learned

Single Judge has dismissed the writ petition assailing the legality

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[SAW-735/2021]

of the order dated 27.10.2020 whereby the petitioner is

transferred from Jaipur to North West Zone at Ahmedabad.

The facts in brief are that the appellant was working as Chief

Manager, Finance and Administration, HPCL, Rajasthan Refinery

Project at Jaipur from where, vide order dated 27.10.2010

impugned in the writ petition, the respondent-HPCL transferred

him as Chief Manager at Finance Department, North West Zone,

Ahmedabad. The aforesaid transfer order came to be challenged

by the appellant mainly on the ground that it is suffered from the

vice of malice inasmuch as being annoyed with the complaint

made by him against the respondent no.2 for use of Pet Coke in

CFVC Boilers of the proposed refinery project for the purpose of

capitation power generation which is expressly banned by the

Hon’ble Supreme Court and the Central Pollution Control Board,

with the Central Vigilance Commissioner which was referred by the

CVC to the Chief Vigilance Officer, HPCL, he is sought to be

transferred in midst of the pandemic situation; whereas, general

routine transfers every year are made once in a year in the

months of March and April that too after considering various

aspects such as organisational interest/requirements, health of

officers and family members, stay period at a particular place etc.

The respondents in their reply denied the allegation of

malice. It was submitted that the transfers are undertaken by the

Corporation through DPC Cycle and at other times. It was stated

that during the relevant period, the respondent has made 124

transfers through DPC Cycle and barring the appellant, rest all

have complied with the transfer orders. It was submitted that

Clause-7 of the appointment letter of the appellant dated

23.9.1991 specifically stipulated that he might be posted,

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[SAW-735/2021]

transferred and assigned to any sections/department/location of

the Corporation in India as is deemed necessary by the

Corporation at its discretion from time to time. It was submitted

that the appellant was working at Jaipur for more than 15 years

and had no vested right to continue at Jaipur only. It was stated

that appellant is in salary grade “E” under officers category and as

per the Limits of Authority Manual, the authority to approve

transfer of officers in salary grade “E” is joint approval of the

concerned Functional Director (Director Finance herein) with

Director H.R. and the respondent no.2 against whom malafide has

been alleged, had no role to play in