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Judgment
Per: Hon’ble Mr. R.N. Singh, Member (J)
Pleadings in the matter are stated to be complete. With the consent of the learned counsel for the parties, the OA is taken up for consideration and disposal.
Heard the learned counsel for the parties and, with their assistance, perused the pleadings available on record.
In the present OA filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant herein, who has been working as Technical Operator (Drilling) (TOD), has challenged the order dated 27.02.2026 (Annexure A-1), whereby it has been communicated to the applicant that, with the approval of the competent authority, he has been transferred from CGWB, CR, Nagpur to CGWB Division-XIV, Bengaluru, with immediate effect. By the said order, he has also been held entitled for TTA and joining time as admissible under the rules.
It is the case of the applicant that, aggrieved by the impugned order, he has preferred a representation dated nil through proper channel (Annexure A-8). However, the same has not been considered and disposed of by the respondents till date. He submits that the applicant does not deserve to be transferred from Nagpur on the ground of his health condition, as well as on the ground that the impugned order appears to have been passed in view of some mala fide and administrative bias developed by the concerned Member of the CGWB, in view of the fact that the applicant has got issued some notices referred to in the OA.
Central Administrative Tribunal5. On the other hand, Mr. Pandit, learned counsel appearing for the respondents, has vehemently opposed the claim of the applicant. He submits that the order has been passed by the competent authority, taking into account all relevant facts, including the administrative requirements and also the fact that the applicant had remained posted at Nagpur all along for approximately nineteen years. He submits that, in the present OA, though the applicant has alleged personal mala fide, no individual has been impleaded as a respondent. He further submits that, otherwise also, there is no reason for there being any administrative bias or mala fide on the part of any Member of the CGWB.
Learned counsel for the respndents further submits that the representation of the applicant claimed to have been preferred against the impugned order has not been received by the competent authority amongst the respondents. However, he fairly submits that a copy of the same has, of course, been received by the respondents through the present OA, as the same is annexed as Annexure A-8 to the OA.
In the light of the aforesaid, without going into the merits Central Administrative Tribunalof the case, the OA is disposed of at this very stage with a direction to the Director, CGWB, Faridabad, who is admittedly an officer higher in rank than the Member against whom the applicant has alleged mala fide, to consider such representation and dispose of the same by passing a reasoned and speaking order as expeditiously as possible and preferably within four weeks of receipt of a certified copy of this order.
It is made clear that the interim order passed by this Tribunal in the matter shall continue till the passing of such order and service thereof upon the applicant.
The OA stands disposed of in the aforesaid terms. No costs.