Tribunals and CommissionsDivision Bench(2024) 03 CAT CK 3288

Mohan Lal Koshti vs Comptroller & Auditor General of India & Ors.

Central Administrative Tribunal · Decided on 8 March 2024

HON’BLE JUDGES
Kumar Rajesh Chandra, Administrative Member · Akhil Kumar Srivastava, Judicial Member
CASE NUMBER
Original Application No.200/198/2024

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Judgment

6 paragraphs · 286 words

O R D E R

By Akhil Kumar Srivastava, JM.-

Through this Original Application, the applicant is challenging the order dated 01.03.2024 (Annexure A-1), so far as it relates to the applicant, whereby he has been transferred from PWD Setu Nirman Division Ambikapur, District Ambikapur to PWD (B/R) Division No.2 Bilaspur District – Bilaspur.

2.

Learned counsel for the applicant submits that the impugned transfer order relegates the applicant to lower division and in his option for choice places, respondents Nos.3 & 4, who are juniors to the applicant have been accommodated, which is in violation of the transfer policy dated 20.03.2015 (Annexure A-3). The applicant has preferred a representation dated 04.03.2024 (Annexure A-7) and requested the authorities to accommodate the applicant as per his first choice option place in a higher Division or to cancel the transfer order, which is still pending with the authorities.

3.

Learned counsel for the applicant further submits that this Original Application may be disposed of at this stage with a direction to the respondents to consider and decide the applicant’s representation dated 04.03.2024 and till such time the representation is decided, the impugned transfer order, qua the applicant, may be kept in abeyance.

4.

In view of the limited prayer made by learned counsel for the applicant, we dispose of this Original Application at the admission stage itself with a direction to the competent authority to consider and decide the representation of the applicant dated 04.03.2024 (Annexure A-4) by passing a reasoned and speaking order. Till such time the representation of the applicant is decided, the operation of the impugned transfer order dated 01.03.2024 (Annexure A-1), so far as relates to the applicant, shall not be given effect to.