Ct. No. 04 Arunabha Dutta vs Ab Union Of India And Others
2023 Latest Caselaw 1707 Cal

03   15.03.                       WP.CT 102 of 2022
     2023
     Ct. No. 04                     Arunabha Dutta
                                              Vs.
        Ab                      Union of India and others.
                                         ---------------

Mr. Arunabha Ghosh, Mr. Nirmalya Biswas, Mr. Anirban Dutta.

... for the petitioner.

Mr. Asoke Chakraborty, Ld. ASG, Mr. S. N. Dutta.

... for the respondents.

The subject matter of challenge before the Tribunal pertains to an order of transfer issued by the respondent authorities on twofold grounds; firstly, the order of transfer is punitive in nature and not a routine transfer having been issued on the recommendation of the Vigilance Commission and, secondly, such order of transfer is par se illegal having not placed before the Placement Committee constituted in terms of an order/judgment passed by the Supreme Court in case of T.S.R. Subramanium vs. Union of India & Ors., reported in (2013) 15 SCC 732.

The Tribunal disposed of the tribunal application directing the authorities to consider the representation, which the petitioner filed immediately after the order of transfer was issued, so that the stand of the authorities may be disclosed to the petitioner.

In course of hearing, various circulars have been relied upon both by the petitioner and the respondent authorities and the learned Additional Solicitor General has vociferously submitted that by virtue of the circular dated 17th June 2016 issued by the Railway Board any transfer necessitated on the recommendation of the Vigilance Commission should not be routed through a Placement Committee and, therefore, there is no infirmity

and illegality in the said order of transfer.

A further plea is taken that the aforesaid circulars are still in vogue and have not been interfered with either by the Railway Board or the Court of Law and, therefore, have the binding effect.

We find from the impugned order that a representation raising the points though directed by the Tribunal to be disposed of within a timeframe has not been disposed of till date. We, thus, feel that it is necessary that the competent authority must take a decision on the said representation before we proceeded to decide the questions raised in the instant writ petition, as this Court would be in an advantageous position to have the clarity in the stand of the respective parties.

We, therefore, direct the Divisional Manager (Eastern Railway), Sealdah to take a decision on the said representation if necessary upon giving an opportunity of personal hearing to the petitioner and shall submit a report before this Court containing such decision on the returnable date.

It goes without saying that the parties are free to take all points at the time of personal hearing before the said authority and it is expected that the said authority shall dealt with those files while disposing of the said representation.

Let this matter be listed on 12th April 2023.

(Harish Tandon, J.)

(Prasenjit Biswas, J.)