Masum Chandra vs Union Of India & Ors.

Hon’ble Mr. R.N. Singh, Member (J):

In the present OA filed under section 19 of the A.T. Act, 1985, the applicant has challenged the Office Order No.148/ 2020-21 dated 23.12.2020 vide which three persons have been transferred. The applicant has been transferred from CBDT, HQ to FPU, Guntur. Vide the same office order, it is ordered that the applicant shall stand relieved on 31.12.2020 (A/N).

The learned counsel for the applicant submits that the applicant has been transferred only to accommodate the respondent no.4 at his choice of place. He also submits that various longest stayees have not been transferred rather the applicant has been transferred causing serious hardships to him.

The applicant has preferred representations/appeal dated 28.12.2020 (Annexure A-4) and 04.01.2021 (Annexure A-5) seeking redressal of his grievances and the same are still pending consideration of the respondents.

Heard.

Issue notice to the respondents. Mr. Manjeet Singh Reen, learned counsel, who appears for respondents no.1, 2 & 3 on advance service accepts notice.

At this stage, learned counsel for the applicant submits that the applicant will be satisfied, if the present OA is disposed of with direction to the competent authority under the respondents no. 1 to 3 to consider the aforesaid representations/appeal of the applicant and dispose of the same by passing a reasoned and speaking order in a time bound manner.

We are of the considered view that if such request of the learned counsel for the applicant is accepted no prejudice is likely to be caused to the respondents.

In view of the aforesaid, without going into the merit of the case the present OA is disposed of with direction to the respondents no. 1 to 3 to consider the applicant’s aforesaid representations/appeal and to dispose of the same by passing a reasoned and speaking order as expeditiously as possible and in any case within six weeks from the date of receipt of a copy of this order.