Sanjay Kumar Gami vs Union Of India & Others

Manish Garg, Member (J)

This Original Application has been filed by the applicant under Section 19 of Administrative Tribunals Act, 1985, seeking the following relief (s):

“(i) To quash and set aside the impugned Order No. Impugned Order No.I-E/TMC/Dy. CE/L/PTG-III (42) dated 07/09.2022 to the extent the transfer of the applicant and direct the respondents not transfer the applicant for making adjustment in Delhi Division to other employee who have been working in Delhi for more than 10 years.

(ii) To direct the respondents to make a transfer policy for the employees of SSE/TMC/Line to provide equal opportunity in the case of transfer.

(iii) To direct the respondents to produce the entire relevant record before this Hon’ble Tribunal for proper and smoothly adjudication.”

Learned counsel or the applicant submits that pursuant  to  the  transfer  order  dated  07.09.2022  impugned herein, he has preferred a representation dated 08.09.2022, which has not been decided till date. On the other hand, learned counsel for the respondents, opposes grant of  interim relief. At this stage, he seeks time to file counter. However, learned counsel for the applicant presses for interim relief as he has not been relieved.

In view of the above, without going into the merits of the case, it is directed that the competent authority shall decide the aforesaid representation dated 08.09.2022 within a period of ten days from today. Since, he has not been relieved, no order relieving the applicant be passed till the disposal of the representation. The same shall be kept in abeyance. Needles to say that the representation of the applicant shall be considered as per the transfer policy of the respondents after following principal of natural justice.

The OA stands disposed of in the aforesaid terms.

There shall be no order as to costs.

Order Dasti.