Balbir Singh vs Union Of India And Ors

A.K. Bishnoi, Member (A)

The applicant has filed the present OA seeking the following relief:-

"i) Quash the transfer order or any oral instructions given by the respondents to the applicant;

ii) Stay the present order written or orally given by the respondents to transfer in H.B. Wing from present position as SYCE (Tractor Driver) upto next week/immediately;

iii) Direct the respondents not to give any order orally;

iv) Direct the respondent no.3 not to harass on the pretext of transfer and not pressurized orally to join in transfer job in H.B. Wing upto next week;

v) Pass any other order or direction, as may be deem fit and proper, in the interest of justice".

An initial perusal of the OA as also the relief sought clearly indicates that there is no impugned order which is being challenged and the challenge is only regarding so called oral instructions and unsubstantiated allegations of harassment.

The applicant has submitted that he has been appointed as SYCE (Tractor Driver) and the same is brought out from Annexure A/1 order dated 17.12.2008. The meaning of the word "SYCE" is "Stable Attendant". As such, there is no reason to describe it as Tractor Driver. The initial submission itself is factually incorrect.

Thus, in the circumstances, when the OA is based on incorrect presentation of facts and relief is sought against so called "oral instructions" and vague allegations, the OA is liable to be dismissed, at the admission stage itself, on account of vagueness and non-specificity of relief sought.

Accordingly, the OA is dismissed, at the admission stage itself. No costs.