Rajasthan High Court
Gyan Chand Meena Son Of Late Shri ... vs Union Of India on 9 March, 2021
Bench: Sabina, Manoj Kumar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writ Petition No. 2808/2021
Gyan Chand Meena Son Of Late Shri Mali Ram Meena, Aged
About 51 Years, Resident Of Flat No. L-4136-A, Rangoli Garden,
Vaishali Nagar, Jaipur- 302021. Presently Posted As General
Manger, BSNL, Rajasthan Circle, Jaipur.M.9414081456 'Group -A'
----Petitioner
Versus
1. Union Of India, Through The Chairman Cum Managing
Director, BSNL Corporate Office, Third Floor, Bharat
Sanchar Bhawan, Janpath, New Delhi-110001.
2. Chief General Manager Telecom, BSNL Circle Office,
Rajasthan Telecom Circle Sardar Patel Marg, C-Scheme,
Jaipur-302008.
3. Deputy General Manager (Pers-SM), BSNL Corporate
Office, Fourth Floor, Bharat Sanchar Bhawan, Janpath,
New Delhi- 110001.
4. Subhash Chandra Agarwal, General Manager (EB) C/o
Deputy General Manger (Pers-SM), BSNL Corporate
Office, Fourth Floor, Bharat Sanchar Bhawan, Janpath,
New Delhi - 110001.
----Respondents
For Petitioner(s) : Mr. Punit Singhvi, Advocate
HON'BLE MRS. JUSTICE SABINA
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Judgment / Order
09/03/2021
Petitioner has filed this petition challenging the order dated
16.02.2021 passed by the Central Administrative Tribunal,
whereby, original application filed by the petitioner challenging his
transfer from Jaipur to Bharatpur, was dismissed.
Learned counsel for petitioner has submitted that the
petitioner has been working as General Manager and has been
transferred from Jaipur to Bharatpur. In fact, at Bharatpur, there is
(2 of 2) [CW-2808/2021]
no post of General Manager. At Bharatpur, there is post of Deputy
General Manager. On account of his transfer, petitioner will have to
work under General Manager, Alwar.
Vide order dated 05.12.2020, petitioner has been transferred
from Jaipur to Bharatpur. Petitioner is working as General Manager
with the respondents and a perusal of the transfer order dated
05.12.2020 reveals that the petitioner has been transferred as
General Manager Bharatpur. Thus, it is not a case where the
petitioner has been transferred to a lower cadre. Petitioner has
been transferred to Bharatpur as a General Manager. When
petitioner had joined the service, he knew that the post occupied
by him was a transferable one. Petitioner has been transferred on
administrative grounds. It is not a case where the transfer of the
petitioner has been effected on account of some malafide reasons
or for some ulterior motive. This Court will not interfere in a
transfer matter unless the transfer of an employee has been made
due to malafide reasons or for some ulterior motive. Since in the
present case, there is nothing on record to suggest that the
petitioner has been transferred due to malafide reasons or for
some ulterior motive, the learned Tribunal had rightly dismissed
the original application filed by the petitioner challenging his
transfer from Jaipur to Bharatpur.
No ground for interference is made out.
Dismissed.
(MANOJ KUMAR VYAS),J (SABINA),J
Sunita/36
Powered by TCPDF (www.tcpdf.org)
