SANTOSH KUMAR CHOUDHARY v. EAST CENTRAL RAILWAY

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under:-

3.

observed // 2 // The applicant has filed present OA seeking ma

(i) That your Lordships may graciously be pleased to quash and set aside the impugned Orders dated 15.06.2022 and 17.06.2022 together with orders dated 06.07 01.02.2023 as contained in Annexure A/1, A/2, A/3 and A/4 respectively.

(ii) That your Lordships may further be pleased to direct/command the Respondents to post back/repatriate the applicant to his parent department in Danapur Division henceforth.

(iii) That the Respondents be further directed to grant all consequential benefit in favour of applicant. This Tribunal on 09.02.2024, 26.02.2024 and 19.03.2024 has and passed orders as under:-

"09.02.2024

1. Heard on admission. Ld. Counsel for applicant applicant is an employee of open line Danapur and his lien has been maintained at Danapur. Whereas applicant has been arbitrarily transferred to an ex

department in a construction company which is impermissible. The respondents are going in a colourable exercise of power what cannot be done directly has been done indirectly which vitiates the impugned order of transfer and action of respondents is malafide and the impugned order of transfer from the department whereas his lien is maintained to a construction department is vitiated.

2. This Tribunal finds that applicant has raised an arguable point. Issue notice on OA as well as on interim relief. Shri H.R. Singh has accepted notice and formal issuance of notice stands waived of. Respondents are directed to file short reply before next date on interim relief.

3. Let the matter be listed on 26.02.2024.

26.02.2024

Heard. Counsel for respondents submits that respondents have issued office order No. 15/2024 on 22.02.2024 repatriating applicant from SSE Bridge to his original post in Danapur. L/c submits that this OA was filed by applicant being aggrieved by his transfer from Open Line, Danapur Division

his willingness. As the grievance of applicant has been may be disposed of.

Counsel for applicant requests for short adjournment to ascertain the facts.

Adjourned to 01.03.2024.

19.03.2024

Heard. L/c for applicant submits that though order has been passed on 22nd February 2024 for repatriating the applicant from Bridge Construction Division to his parent cadre i.e Danapur Division but applicant has not yet been relieved.

2. L/c for respondents requests for short adjournment to ascertain the likely date of applicant's relieving fro

division.

List the OA on 22.03.2024."

OA/050/00050

in reliefs as

.2022 and

submits that

-cadre post outside the

the

to Construction without

redressed OA

m the construction

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4.

placed order d Chief Administrative Officer/Construction whereby applicant working SSE/Bridge under Dy. Chief Engineer/Construction/Bettiah has been repatriated on substantive post in Civil Engineering Department, Danapur, East Central R

Counsel has also informed vide communication d

applicant has also been relieved from office of Dy. Chief Engineer/Construction Bettiah. Learned counsel for respondents submits that relief claimed by applicant has already been fulfilled.

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though applicant has been relieved on 26.04.2024 pursuant to order dated 22.02.2024 and applicant has also been repatriated to Danapur Division where his lien is ma

issued.

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has been repatriated to his substantive post in Danapur Division and lien is also maintained at Danapur Division. Relief claimed in the present Original Application has been fulfilled and applicant has al

Danapur Division and he will be allowed to continue at Danapur Division.

7.

parties, this Tribunal has considered and find that applicant claimed relief for posting in Danapur

claimed in the OA

orders dated 22.02.2024 and 26.04.2024 hence the

infructuous

sks/-

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Shri Hare Ram Singh, learned Addl. Standing Counsel has ated 22.02.2024 issued by Sr. Personnel Officer on behalf of ailway. Shri Hare Ram Singh, learned Addl. Standing

Shri M.P. Dixit, learned counsel for applican

intained but yet posting order for applicant has not been Learned counsel for respondents fairly submits that applicant In view of above submissions of learned counsel for the Division where his lien is ma

already been fulfilled

and OA is disposed of as infructuous

OA/050/00050

as

ated 26.04.2024 that

t submits that

ready been repatriated to

intained and relief

and respondents have issued

present OA rendered

.

Sd/- [Ajay Pratap Singh] Member [Judl.]

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