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Judgment
ORAL ORDER
Per: Mr. Umesh Gajankush, Member (J)
Although the matter is listed under the ‘Orders’ category, however, with the consent of the parties, heard finally.
The applicant, before this Tribunal, is challenging the orders dated 14.02.2024 (Annexure A-1), 25.04.2024 (Annexure A-2) and 11.06.2024 (Annexure A-3).
Vide order dated 14.02.2024, on the basis of preventive check in terms of Railway Board policy, the applicant was transferred from MMCT to BRC Division. The aforesaid order was subject matter of challenge in OA No.455/2024 which was disposed of by this Tribunal on 01.05.2024 by directing the respondents to examine the representation of the applicant and pass speaking order. Thereafter, communication dated 11.06.2024 was issued by the Senior DCM/MMCT informing the applicant that the disciplinary proceedings are under process and the speaking order will be conveyed on finalization of DAR.
Today, learned counsel for the applicant submits that vide order dated 27.02.2025, the Appellate Authority decided the appeal of the applicant and set aside the penalty order by exonerating from the charges levelled against him.
We have heard learned counsel for the parties and perused the pleadings and documents on record.
At the outset, it is relevant here to reproduce the order dated 25.06.2024 passed by this Tribunal while issuing the notices:
“The applicant had approached this Tribunal earlier in filing OA No.455/2024 challenging the transfer order dated 14th February, 2022 and the following order was passed:
"4.The respondents to examine the representations of the applicant within four weeks and issue a speaking order in consonance to the transfer policy concerning the applicant and communicate the said speaking order to the applicant. Till that time, the applicant will not be relieved and transfer order will not take effect.
5.With above directions, this OA is disposed of. Pending MA, if any, also disposed of."
He has now once again approached this Tribunal challenging the same order of transfer and another order dated 11th June, 2024 issued by the Senior DCM.
Counsel for the applicant has many objections to order dated 11th June, 2024, primarily, being that the said order is not a speaking order which was required to be passed by the respondents. He submits that by this order, only the documents and the parawise remarks on his representation and notings of a junior officer have been supplied to him. The competent authority has not applied its mind while deciding the representation and no speaking order is passed. He, therefore, seeks to challenge this order.
Counsel for the applicant submits that this Tribunal had protected him in the first round and that he is still holding the post as Deputy C.T.I and he has yet not been relieved.
Heard. Issue Dasti notice to the respondents.
In view of the above, status-quo as on date be maintained till the next date. List the matter for hearing on interim relief on 09th July, 2024.”
It is not in dispute that after communication dated 11.06.2024 (Annexure A-3), an order dated 27.02.2025 has been issued by the Appellate Authority. Under these circumstances, the present Original Application is disposed of with direction to the competent authority to consider the representation/request of the applicant afresh by passing speaking order in accordance with clause 6.3.3 (i) of the transfer policy, Master Circular No.24 dated 17.08.2023 regarding the ‘Transfer of Non-Gazetted Railway employees’ for posting him at Mumbai within a period of 60 days from the date of receipt of a certified copy of the order.
Stay granted by this Tribunal on 25.06.2024 shall continue till the representation is considered by the competent authority and the applicant shall be permitted to work at the present place.
With the aforesaid order and direction, the Original Application stands disposed of. Pending MAs, if any, stand closed. No order as to costs.