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Judgment
Heard counsel for the parties.
Learned Central Administrative Tribunal, Patna Bench at Ranchi has, by the
impugned order dated 21.09.2015, dismissed the Original Application No. 240/2012
(R) with M.A. No. 27/2014 & M.A. No. 98/2015.
Learned Tribunal has encapsulated the grievance of the petitioner in the
opening paragraph, which reads as under:
"This application has been filed for a direction to the respondents Asst. Divisional Engineer, ADEN, ROU that he may not ask the applicant to do 100% test and Shri Rajiv Ranjan, JE (Works), ROU will enter the bill in MB."
The entire grievance of the petitioner appears to be in relation to the entries
relating to execution of works allotted to a contractor to be recorded in the
Measurement Book. The applicant also seems to have sought permission to lead oral
evidence through miscellaneous applications filed and for appointment of an
independent agency to inquire into the matter. Learned Tribunal did not find the
grievance of the petitioner as relatable to a service matter dispute which could fall
within the purview of the Tribunal. Resultantly, the O.A. was dismissed.
The applicant in the present writ application has brought on record the order
dated 28.06.2017 passed in the disciplinary proceedings against him and an order of
transfer also passed on 20.07.2017 posting him as S.S.E. (Works)/Spl/BJMD under
ADEN/DPS i.e. from Rourkela to Badajamda issued by the Office of Senior
Divisional Personnel Officer, Chakradharpur. Learned Senior counsel for the
petitioner submits that these actions are instances of victimization. Learned counsel
for the Respondent Railways has refuted the contention.
These orders of punishment or transfer do not fall within the subject matter of
the instant O.A. nor the present writ application which arises therefrom. We therefore
do not intend to make any comment on it.
However, we are fully in agreement with the opinion of the Learned Central
Administrative Tribunal that the grievance relating to making entries in the
Measurement Book in relation to some contract executed by a private party, was
definitely not a subject matter of service dispute over which Learned Tribunal could
have exercised jurisdiction. We therefore do not find any reason to interfere in the
impugned order. However, if the petitioner is aggrieved by the order passed by the
Disciplinary Authority or any order of transfer, it is always open for him to raise his
grievances in an appropriate proceeding before the appropriate forum, in accordance
with law. Writ petition is dismissed with the aforesaid observations.