Sandeep Dahiya vs Union Of India & Ors.

Harvinder Kaur Oberoi, Member(J)

Learned counsel for the respondents, at the outset, draws our attention to Para 4.30 of the OA, which is as under:-

“4.30. That now, the Respondents in an illegal manner are forcing the Applicant to sign the moving out/relieving orders and be transferred out from Delhi in an arbitrary manner, in furtherance of the unfair and illegal transfer policy dated 02.08.2023.”

He submits that this is absolutely a false statement and has also filed an affidavit in the OA to this effect.

He also points to Para 8(a), wherein the following relief has been sought:-

“a) Quash and set aside the transfer order dated 27.03.2024 passed by the Respondents

He submits that vide the order dated 27.03.2024, 15 other persons had been transferred and the applicant is not named in the said transfer order. As such, no cause to challenge the same exists.

He further draws our attention to the preliminary objection in this regard filed by him, more specifically to Para Nos. 4 and 5 of the same, which read as under:-

“4. That the present original application has been filed by the Applicant Sandeep Dahiya (Employee ID 0918011Y) seeking quashing of the transfer order dated 27.3.2024 even when his name does not figure in the said order of transfer. Accordingly, the present O.A. is fit and liable to be dismissed on this ground alone since the filing of this O.A. is an abuse of the process of the court since Applicant has approached this Hon'ble Tribunal without any cause of action.

That the Applicant has also not approached this Hon'ble Tribunal with clean hands as he has falsely stated in the O.A. at para 4.30 that "...the Respondents in an illegal manner are forcing the Applicant to sign the moving out/relieving orders and be transferred out from Delhi...". It is submitted that since the name of this Applicant does not figure in the transfer order dated 27.3.2024 the question of him being forced to sign the moving out/relieving order does not arise. This conduct of the Applicant in wasting the time of this Hon'ble Tribunal by making misleading and false averments in the O.A. calls for dismissal of the present O.A. with exemplary costs.”

Learned counsel for the applicant refutes this submission of the learned counsel for the respondents and submits that by way of the present OA he has challenged the transfer policy. Although he does admit that the applicant’s name does not figure in the main transfer order. He also draws a blanks with respect to the statement made by him in Para 4. 30 of the OA.

In light of the submissions made by both parties, it is clear that the applicant’s name does not appear in the transfer order dated 27.03.2024, and therefore, no cause of action exists to challenge the said order. As the transfer order does not involve the applicant, the present Original Application is without merit. Therefore, the OA is dismissed, and any pending MAs are also disposed of. No costs.