BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL,

ALLAHABAD BENCH ,AT ALLAHABAD

****************

INDEX

IN
CIVIL MISC.EXPEDITE APPLICATION NO. OF 2019
(u/s 47 of the Cat Rules of Practice 1993)

On behalf of the Respondents

IN

ORIGINAL APPLICATION No. 627 of 2019

(U/S 19 of Administrative Tribunals Act, 1987)

Amitesh Singh , Aged about 32 Years,

S/o V.B.Singh ,Resident of Quarter N.343/B,Diesel Locomotive
Works (DLW),Varanasi -221004
Presently posted as Mechanist-III , in the office of Deputy Chief
Material Manager ,Diesel Locomotive Works(D.L.W) Varanasi.
... … … … … … Applicant.

Vs.
1. Union of India through
General Manager,
Diesel Locomotive Works(DLW), Varanasi.

2. The General Manager /Personnel,

Diesel Locomotive Works(DLW), Varanasi.

3. Principal Chief Material Manager ,

Diesel Locomotive Works(DLW), Varanasi.

4. The Deputy Chief Material Manager,

Diesel Locomotive Works(DLW), Varanasi.
... … … … … Respondents.
To,

The Vice-Chairman/HOD and his other companion

Hon’ble Members of the aforesaid Tribunal.

The humble Expedite application of the above named

Respondents most respectfully showeth as under:

1. That, the full facts of the case have been stated in this

Expedite Application ,for expeditious disposal .

2. That ,in view of the fact and circumstances of the case as

stated ,it is expedient in the interest of justice that this

Hon'ble court may graciously be pleased to allow this

application by expediting O.A 627 /2019 otherwise the

respondents shall suffer an irreparable loss and injury

which cannot be compensate and justice would be denied

to them being delayed .That the deponent dispute and

denies each and every paragraphs of the Original

Application unless the same is not expressly admitted,

further it is to stated that the present OA has been filed

for quashing of transfer order .

3.That at the outset, it is put on records the settled legal

position about the scope of judicial review in the matter of

transfer on administrative ground and in the exigency of

service. The Apex Court through various judgments has

repeatedly held that transfer from one place to another place is

an incident of service and employee has no choice in the

matter. At the same time it is also submitted that alleged

impugned order is not in violation of any statutory provisions.

Whenever a public servant is transferred, he must comply with

the order, but if there be any genuine difficulty in proceeding

on transfer, it is open to him to make representation to the

Competent Authority for stay, modification or cancellation of

transfer order.

4. That it is humbly submitted that the impugned transfer

order dated 16.05.2019 has been issued with the approval of

the competent authority as per rule 226 contained in IREC Vol.

1 on the advice of Law Enforcing Agency, Superintendent of

Police, CBI, ACB Lucknow vide its letter No.

47/CO0062018A0014/CBI/ACB/LKO dated 31.12.2018 to the

Chief Vigilance Officer, Ministry of Railway, Railway Board, New

Delhi. Copy of the letter dated 31.12.2018 of Superintendent of

Police, CBI, ACB Lucknow Copy of which has already been filed

along with Counter reply .

5.Further, it is humbly submitted that Hon’ble Tribunal may

also be perused the Self Contained Note of SP/CBI/ACB,

Lucknow address to Chief Vigilance Officer, Ministry of Railway,

Railway Board, New Delhi.

6. That Director Vigilance (S&T), Railway Board, New Delhi vide

its letter dated 16.01.2019 instructed, Chief Vigilance Officer,

DLW Varanasi to take necessary action on Law Enforcing

Agency’s Self Contained Note and also advised to send the

action taken report in the matter to the Railway Board at the

earliest. Copy of the Director Vigilance (S&T), Railway Board,

New Delhi letter dated 16.01.2019 which has been filed along

with Counter reply .

7. That Chief Vigilance Officer of DLW Varanasi vide its letter

dated 01.02.2019 has instructed to Principal Chief Personnel

Officer, DLW, Varanasi to take appropriate action in the matter

and also inform regarding action taken in the matter up to

28.02.2019. Copy of Chief Vigilance Officer, DLW Varanasi

letter dated 01.02.2019 which has been filed along with

Counter reply .

8. That as per rule 226 of IREC (Indian Railway Establishment

Code) Volume-1 1985/2003 edition, a railway servant can be

transferred on administrative ground and the power of

president under this rule in respect of transfer, within India

may be exercised by the General Manager or by a lower

authority to whom the power may be re- delegated.

9.That the impugned transfer order dated 16.05.2019 has been

issued as per rule on administrative ground on advice of

Director Vigilance (S&T), Railway Board, New Delhi vide letter

No. 2019V3/DLW/Elect./02-CBI dated 16.01.2019.

10.That ,the present O.A has been filed on 03/06/2019 but

due to laxity of the applicant counsel and no judicial work by

counsels due to resolutions of CAT Bar Association , number of

adjournment has been taken with ulterior motive to

unnecessary delay the case which is creating hurdle in smooth

functioning of the administration .

11.That ,in view of the above facts and circumstances of the

case,it is expedient in the interest of justice that this Hon'ble

Court may graciously be pleased to allow this expedite

application otherwise the respondents shall suffer an

irreparable loss and injury further it is humbly submitted that

applicant of instant OA has been transferred as per law and on

the recommendation of investigating agency as already stated

in the above para of the instant expedite application.

12.That ,it is pertinent to mention here that Hon'ble tribunal

had considered the plea of respondents and had observed that

along with other similarly situated cases it will be decided

expeditiously without any further delay and fixed 27.08.2019

for next hearing,but on 27.08.2019 the CAT BAR ASSOCIATION

Allahabad abstained from the judicial work so the matter was

adjourned for 30.09.2019 ,without any argument.

13.That as already has been stated in the instant expedite

application matter needs expeditious disposal .The next date of

hearing which is 30.09.2019 too long for this case ,the next

date is required to be fixed on some early date and decide

finally.

14.That it is ,therefore necessary and expedient in the interest

of justice that this Hon'ble court may graciously be pleased to

allow this Expedite Application for expeditious disposal of the

case and so far pass any appropriate order in the instant

application otherwise the respondents shall suffer an

irreparable loss and injury .

PRAYER

It is, therefore, most respectfully prayed that the

Hon’ble Tribunal may graciously be pleased to allow the

Expedite Application for expeditious disposal of the case

and so far pass an appropriate order in the instant

application ,otherwise the respondents shall suffer

irreparable loss and injury .

Place : Allahabad.
Date :

.
(RISHI KUMAR)
Advocate
Additional Standing Counsel Railways
Central Administrative Tribunal
Counsel for the Respondents
Chamber 17 old Building High Court
ALLAHABAD