9911796707
TMI Blog2004 (2) TMI 700X X X X Extracts X X X X X X X X Extracts X X X X ..... ails are as follows: The respondents were working in the Postal Services Department. They were transferred from Agartala Division to Meghalaya Division by order of transfer dated 10.9.2002. Feeling aggrieved by the order, the respondents (writ petitioners) along with two others moved the Central Administrative Tribunal at Guwahati (in short the 'Tribunal'). The Tribunal after hearing the parties directed the authorities to consider the representations made by the two lady applicants who were co-applicants along with the respondents within one month. So far as the present respondents are concerned, no interference was made by the Tribunal with the order. Challenging the decision of the Tribunal, the writ petitions were filed. The gr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e likely to be affected. In support of the appellants Mr. Raju Ramachandran, learned senior counsel submitted that the approach of the High Court is clearly erroneous. It erroneously held that there was violation of Rule 37 or FR 15. The interpretation put on the ambit of FR 15 is clearly wrong, as the proviso has not been taken note of. As the transfer was not a punitive one but as a measure of enforcing discipline, in public interest and in the exigencies of administration there was no scope for the High Court to entertain the writ petitions and grant relief. Per contra, Mr. Rajinder Sachar, learned senior counsel submitted that in the transfer order itself it has been mentioned that the employees were undesirable, as they had misbehave ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... account of inefficiency or misbehaviour, or (2) on his written request, a Government servant shall not be transferred to, or except in a case covered by Rule 49, appointed to officiate in a post carrying less pay than the pay of the post on which he holds a lien." A bare reading of Rule 37 shows that officials of the Department are liable to be transferred to any part of India unless it is expressly ordered otherwise for any particular class or classes of officials. Transfers were not to be ordered except when advisable in the interests of public service. The transfers can be made subject to conditions laid down in FR 15 and 22. The appellant has indicated as to why and under what circumstances the transfers were thought proper in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s relating to services of government servants whose pay is debited to Civil Estimates and to any other class of Governments servants too which the President may, by general or special order, declare them to be applicable. Rule 15 has to be read along with Rule 14-B. FR 15 has been quoted above and, therefore, quotation of FR 14-B would suffice. The same reads as follows: "FR 14-B: Subject to the provisions of Rule 15, the President may transfer to another post in the same cadre, the lien of a Government servant who is not performing the duties of the post to which the lien relates". A bare reading of FR-15 makes it clear that except in cases where the transfer is (a) on account of inefficiency or mis-behaviour or (b) on a writt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sirable' it casts a stigma and it cannot be done without holding a regular enquiry. The submission is clearly without substance. The said case relates to use of the expression 'undesirable' in an order affecting the continuance in service by way of discharge. The decision has therefore no application to the facts of the present case. The manner, nature and extent of exercise to be undertaken by Courts/Tribunals in a case to adjudge whether it casts a stigma or constitutes one by way of punishment would also very much depend upon the consequences flowing from the order and as to whether it adversely affected any service conditions status, service prospects financially and same yardstick, norms or standards cannot be applied to al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of an employee is unnecessary and what is needed is the prima facie satisfaction of the authority concerned on the contemporary reports about the occurrence complained of and if the requirement, as submitted by learned counsel for the respondents, of holding an elaborate enquiry is to be insisted upon the very purpose of transferring an employee in public interest or exigencies of administration to enforce decorum and ensure probity would get frustrated. The question whether respondents could be transferred to a different division is a matter for the employer to consider depending upon the administrative necessities and the extent of solution for the problems faced by the administration. It is not for this Court to direct one way or the ot ..... X X X X Extracts X X X X X X X X Extracts X X X X
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