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Central Administrative Tribunal Principal Bench, New Delhi. OA

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Central Administrative Tribunal Principal Bench, New Delhi. OA 1 Central Administrative Tribunal Principal Bench, New Delhi. OA-568/2013 New Delhi this the 11th day of May, 2016 HON’BLE MRS. JASMINE AHMED, MEMBER (J) Sh. Deepak Mohan Technical Officer- C DTRL, Metcalfe House, Delhi-110 054. ... Applicant (By Advocates: Sh. Anil Srivastava) Versus. 1. Union of India Through Secretary Ministry of Defence South Block, New Delhi- 110 001 2. DRDO (Defence Research and Development Organisation) Research and Development A Block, DRDO Bhawan New Delhi- 110 011 3. Joint Director (Personnel) (TC) Directorate of Personnel Research and Development A Block, DRDO Bhawan New Delhi- 110 011 4. Director DTRL (Defence Terrain Research Laboratory) Metcalfe House New Delhi- 110 054 ... Respondents ORDER (ORAL) Hon’ble Mrs. Jasmine Ahmed, Member (J) Vide order dated 05.02.2013, the applicant has been transferred from DTRL, Delhi to Dte. of Planning and Coordination, 2 DRDO, HQ in public interest. Learned counsel for applicant submits that the impugned order has been issued not in the interest of administration or exigency of service but for extraneous reasons and in colourable exercise of power by the concerned authority, particularly for the reason that the applicant did not accept and put his signature on the inventory, placed on record as A-7, without doing verification. He also alleges malafide against said respondent No.4. Accordingly on 15.02.2013, while notices were issued status quo with regard to posting of the applicant was directed to be maintained by the respondents. Applicant is enjoying the said interim order in his favour for more than three years. 2. It is stated that the applicant was ordered to put his signature on inventory list dated 02.05.2012 for accepting to carry out a physical verification of the items mentioned in the list. However, applicant found that out of 136 items, 94 items were not traceable in the Lab and that he was not getting the entire items as per the inventory list. Applicant informed about these things to respondent no. 4 by his letter dated 21.06.2012 and attached status of MES inventory/ items as on 21.06.2012 which were duly received by respondents No. 4. It is stated that applicant himself done the physical verification and informed about the missing items to the respondents but repeatedly he was pressurised to put his signature on the inventory list. He also contended that he only requested the respondents for constituting a committee for physical verification of 3 the list of 136 items. He also states that the transfer is not issued in public interest but with malafide intention, and respondents are duty bound to explain what was the public interest in transferring the applicant and this has been issued only on the ground that he simply refused to put his signature on the inventory list of 136 items as ordered by the authority. 3. He further states that this action of respondents only reflects the attitude of the respondents. He was forced to sign the inventory list but when he raised his voice against the order of the respondents, the order of transfer has been issued by the respondents. Hence it is nothing but a colourable exercise of power of the concerned authority just to harass the applicant. 4. Per contra, learned counsel for respondents states that transfer of the applicant from DTRL, Delhi to DRDO, HQ is purely in public interest and there would be no change in his salary or position, as it is only an adjustment made by the respondents that he has been transferred from DTRL, Delhi to DRDO, HQ . 5. To buttress the aforesaid plea, learned counsel for applicant states that he was transferred only on the ground that he refused to put his signature on the inventory list. 6. It is stated by learned counsel for respondents just to run the Organization smoothly the applicant has been posted from DTRL, Delhi to DRDO, HQ. He also states that the applicant has already 4 enjoyed three years at DTRL, Delhi and is still continuing on the strength of interim order. Learned counsel for respondents states that applicant is unnecessarily trying to raise a plea for not joining his new place of posting. 7. Learned counsel for respondents states that the applicant has also not been able to show any malafide against the respondents except the respondent No. 4, against whom the applicant has raised a baseless allegation of malafide intention to transfer him. Rather the transfer ordered by the respondents only in public interest. 8. Applicant has categorically pleaded that in future also they may create trouble for him. As far as the plea raised by the respondents in their reply/counter affidavit at page No. 2 para 4 (xviii) is concerned, it has been categorically submitted that the Previous works officer on 13.12.2011 had transferred all the files/ documents relating to ‘works and the inventory items from MES and other incl. CCE (R&D) North’, so being the current Works Officer, the papers to handle the requirements relating to MES inventory were given to him for follow up. Learned counsel for applicant states that applicant will join the new place of posting but he should not be harassed by the respondents as he had to sign the inventory list. 9. Since the applicant is enjoying stay in his favour, he should now go and join his new place of posting i.e. DTRL, New Delhi. Respondents are categorically directed that applicant in any case 5 shall not be made responsible for any missing items which has already been informed by him to the respondents by letter dated 21.06.2012 . 10. Hence, OA is disposed of with the above direction. No costs. (Jasmine Ahmed) Member (J) /neha/ .
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