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2013 (1) TMI 328 - Tri - Central ExciseAppeal against Transfer Order – Assessee is an Assistant commissioner posted in Bhopal Zone - Minimum tenure not be less than 2 years - Applicant has been transferred from Bhopal zone to Cochin zone in less than 2 years along with his wife, who is also Assistant Commissioner - Transfer order was outcome of mala fide on the part of respondent No. 4 who desired that the applicant should give undue favour Gutkha manufacture in installing high speed Gutkha pouch packing machine avoiding physical verification of the actual running capacity of the pouch packaging machine Allegations - the applicant started harassing Gutkha manufacturer since the day he joined at Bhopal in an effort to extract undue benefit from the Gutkha manufacturer - Misconduct of insubordination - Anointing an assessee as Assistant Commissioner for a day - Interacting with electronic and print media against the rules which is in itself misconduct under the Conduct Rules - No departmental proceeding or vigilance inquiry has been ordered against the applicant Held that:- The applicants have been transferred before the expiry of minimum tenure of 2 years at Bhopal at the instance of respondent No. 4 and the impugned transfer order in the garb of administrative exigency has been passed with an intention to punish the applicant for the alleged insubordination. Where the applicant is able to prima facie show that the transfer is result of mala fide and the same has been resorted to in lieu of punishment, the same is liable to be set aside being wholly illegal The respondents were not justified in transferring the applicant for the alleged serious misconduct as per recommendations of respondent No. 4 as a measure of punishment in view of the fact that no departmental proceeding or vigilance inquiry has been ordered against the applicant. In favour of applicant
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