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Virendra Ojha Versus Union of India,

2017 (10) TMI 595 - BOMBAY HIGH COURT

Stay the operation of 'Transfer Order' of the Petitioner - Held that:- In the instant case, the post of 'Commissioner of Income-Tax' at Gorakhpur is lying vacant on account of the Petitioner seeking relaxation from the 'Transfer Policy' in the last year and this year also. Therefore, sufficiently administrative exigency being made out and Petitioner's wife being very much present and available to take care of their daughter's education, we do not find any reason to invoke our extra-ordinary juri .....

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returnable forthwith. Heard finally, by consent of the parties. 2. By this Writ Petition, filed under Article 226 of the Constitution of India, the Petitioner is invoking the extra-ordinary jurisdiction of this Court in order to quash and set aside the interim order dated 26th September 2017 passed by the Central Administrative Tribunal, Mumbai, in his Original Application No.210/00537 of 2017. The said Original Application was filed by the Petitioner for staying the operation and implementatio .....

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rder'. He has also not alleged any bias, any vindictive, punitive or discriminatory action on the part of the Respondents in transferring him. He has also not challenged the competency of the Authority, who had issued the 'Transfer Order'. 4. Petitioner has alleged only three grounds seeking stay to the 'Transfer Order'. The first is that, his daughter is studying in 10th standard and she will be appearing for S.S.C. Board Examination in March, 2018. However, it is an admitte .....

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Tribunal was justified in not accepting this ground. 5. The second ground on which the stay is sought to the 'Transfer Order' is that, the Petitioner has not completed 14 years of continuous stay in Mumbai, excluding the period for which he was sent on deputation. For this purpose, the reliance is placed on the Guidelines, 2010 dated 16th February 2010. Clause 4.3(i) provides that, all Group 'A' Officers shall be transferred, if they have completed the field postings of 8 years c .....

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der passed on his representation and on his application by the Tribunal goes to reveal that, the Petitioner has already completed 13 years and 9 months' stay at Mumbai, including the period on deputation. Further, it reveals that since the year 1998, the Petitioner is posted in Mumbai. Though in the year 2002, he was transferred to Thane, which is only about 35 kms. away from Mumbai and is as good as part of Mumbai, again in the year 2005, he was transferred to Mumbai. Therefore, he is worki .....

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rovides that, notwithstanding anything contained in these Guidelines, the Placement Committee may, if it considers necessary to do so in public interest and in furtherance of organizational objectives, transfer, retain, or, post any Officer to any station / region, or, a specific post . 8. Clause 7.2 also provides that, in between Two Annual General Transfer exercises, on administrative exigencies, the Placement Committee may shift any officer from one place / post to another . 9. Therefore, on .....

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