Sudip Kumar Das vs Union of India and Others

An affidavit of service as also a supplementary affidavit to the writ application is filed. Let those be kept on record. This is an application under Article 226 of the Constitution of India against the judgment and order dated February 24, 2012 passed by the Central Administrative Tribunal, Calcutta Bench, in Original Application No. 486 of 2009.

The writ petitioner was working as reservation clerk. It was alleged that he was issuing and/or generating Passengers'' Name Records for New India Trvel Service ignoring the passengers standing in the queue. There was also an allegation of financial irregularities against him.

A disciplinary proceeding was initiated against him. The authorities, instead of suspending him from service, has decided to transfer him, on the basis of the vigilance report, to Ranchi division for non-cash handling work till finalisation of the enquiry proceeding.

The writ petitioner, being aggrieved, approached the tribunal. The tribunal rejected the original application filed by the writ petitioner.

Mr. Durgadas Purkayastha, learned advocate appearing in support of the writ petition, submits that the order of transfer is not an order of simplicitor, this is an order of punishment, which would amount to double jeopardy.

We are unable to accept the contention of Mr. Purkayastha. In this case, the transfer is not punishment. As there were serious allegations against him, he was shifted to Ranchi division with non-cash handling job. The authorities could have suspended him from service during the pendency of the disciplinary proceeding, but they have shown an indulgence to him by permitting him to continue in service. However, it was in the domain of the authorities where to transfer him and what nature of job was to be assigned to him.

We do not find any irregularity and/or illegality in the exercise of jurisdiction by the tribunal requiring interference of this court under Article 226 of the Constitution of India.

The application under Article 226 of the Constitution of India is, therefore, rejected.

However, the authorities shall extend all assistance to him to enable him to attend the disciplinary proceeding, although he has been transferred to Ranchi division, in the event the enquiry is held at Kolkata.

There will be no order as to costs. Xerox certified copy of this order, if applied for, will be made available to the applicant within a week from the date of putting in the requisites.