THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
AND
THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
Writ Petition No.21748 of 2022
ORDER: (Per Hon'ble Sri Justice Abhinand Kumar Shavili)
This Writ Petition is filed by the petitioners under
Article 226 of the Constitution of India seeking a Writ of
Certiorari by calling for the records pertaining to the order
dated 17.03.2022 passed in Contempt Petition No.102 of
2021 in Original Application No.021/648 of 2015 by the
Central Administrative Tribunal, Hyderabad Bench,
Hyderabad (for short, 'the Tribunal') and to quash the
same by declaring it as illegal, arbitrary and contrary to
law.
2. Heard Mr. G. Praveen Kumar, learned Deputy
Solicitor General of India, for the petitioners.
3. Learned counsel for the petitioners contended that
the respondent was working as Grameen Dhak Sevak
(G.D.S.) / Mail Carrier and he has applied in the transfer policy to be posted at Surjapur Branch Office; but the request of the respondent could not be considered as one ::2:: AKS,J & RRN,J wp_21748_2022 Shri M. Narsaiah, who was senior to the respondent, has already applied for transfer at Surjapur Branch Office; aggrieved by non-consideration of the case of the respondent for transfer at Surjapur Branch Officer, the respondent approached the tribunal by filing O.A.No.648 of 2015; and, vide order dated 01.10.2021, the Tribunal was pleased to dispose of the said O.A. with the following observations, viz., "7. (I) The dispute is about the transfer of the applicant under Rule 3 of G.D.S. Rules as G.D.S. / B.P.M. Surjapur. Earlier to the applicant's request, 6th respondent applied for transfer to the said post and it was approved as per Rules prevalent. However, in view of a complaint pending against 6th respondent the transfer granted was not effected. Learned counsel appearing on behalf of 6th respondent has submitted that 6th respondent had been promoted as Postman and hence he has no claim in regard to the transfer to the said post.
(II) Considering the above developments, as the decks are now cleared, respondents are directed to consider the transfer of the applicant as G.D.S. / B.P.M., Surjapur B.O. as per the Rules and law, provided the said post is vacant as on the date of judgment.
With the above direction, the O.A. is allowed as indicated above, with no order as to costs."
4. Learned counsel for the petitioners further contended that as the 6th respondent in the said O.A. was already ::3:: AKS,J & RRN,J wp_21748_2022 promoted as 'Postman', he has given up his case before the Tribunal for posting at Surjapur Branch Office, and in view of the subsequent development, the Tribunal directed the petitioners to consider the case of the respondent herein for posting at Surjapur Branch Office; accordingly, the petitioners have considered the case of the respondent in terms of the order passed by the Tribunal, and the petitioners have passed a speaking order on 15.11.2021 rejecting the case of the respondent; thereafter, the respondent, instead of challenging the rejection order passed by the petitioners by filing a fresh case, has filed a Contempt Petition before the Tribunal (viz., Contempt Petition No.102 of 2021 in Original Application No.021/648 of 2015); the Tribunal, has directed appearance of petitioners by holding that petitioners have wilfully violated the order passed by the Tribunal and directed the petitioners to be present on the next date of hearing, i.e., on 29.04.2022 without appreciating the fact that the case of the respondent was considered by the petitioners and the same was rejected by a speaking order dated 15.11.2021; therefore, the Tribunal ought not to have entertained the Contempt Petition, more so, when the ::4:: AKS,J & RRN,J wp_21748_2022 petitioners have complied with the order passed by the Tribunal in O.A.No.648 of 2015, dated 01.10.2021; and therefore, prayed this Court to pass appropriate orders in the Writ Petition by setting aside the order dated 17.03.2022 passed in Contempt Petition No.102 of 2021 in Original Application No.021/648 of 2015 by the Tribunal and allow the Writ Petition.
5. This Court, having considered the rival submissions made by the parties, is of the considered view that the petitioners have complied with the order passed by the Tribunal in O.A.No.648 of 2015, dated 01.10.2021, and the petitioners have considered the case of the respondent and rejected the case of the respondent for effecting transfer to Surjapur Branch Office. Therefore, this Court is of the considered view that the order passed by the Tribunal O.A.No.648 of 2015, dated 01.10.2021, was complied with by the petitioners by passing a speaking order on 15.11.2021.
6. Moreover, the Tribunal is not justified in entertaining the Contempt Petition filed by the respondent before the Tribunal viz., Contempt Petition No.102 of 2021 in Original ::5:: AKS,J & RRN,J wp_21748_2022 Application No.021/648 of 2015 and the same is not maintainable. Accordingly, the same is set aside.
7. However, it is made clear that if the respondent is still aggrieved, he is at liberty to challenge the rejection order passed by the petitioners in accordance with law.
8. Accordingly, the Writ Petition is allowed. No costs.
9. As a sequel, miscellaneous applications pending if any in this Writ Petition, shall stand closed.
__________________________________ ABHINAND KUMAR SHAVILI, J _____________________________________ NAMAVARAPU RAJESHWAR RAO, J Date : 13.12.2022 Ndr