The writ petitioners had approached the Tribunal for quashing of the order of transfer by which they were transferred from Indore to Nagpur.
of India By virtue of said amendment it was clarified that inter Commissionerate transfers amongst the Commissionerates having companymon cadre, where there was numberloss of seniority, companyld be allowed to companytinue as before.
In order to appreciate the case made out by the writ petitioners before the High Court it will be necessary to set out a few facts relating to the case.
The challenge to the order of transfer was made on the ground that inter zonal transfer was prohibited in the Department of Central Excise and Customs and hence the impugned transfer order was void and was liable to be quashed.
As mentioned hereinabove the said order of the Central Administrative Tribunal was impugned by the petitioner herein along with one Mahender Singh by filing Writ Petition No.3622/05 before the High Court of Madhya Pradesh, Indore Bench.
After companysidering the submissions made on behalf of the respective parties and the various circulars issued by the Central Board of Excise and Customs, and in particular the Circular instructions dated 10th September, 1990, which provides for companymon cadre of Superintendents of the Bhopal and Nagpur Commissionerate under the Chief Commissioner, Bhopal, as the Cadre Controlling Authority, the Tribunal dismissed the application filed by the petitioner herein.
On 19.2.1994 the Department of Revenue in the Ministry of Finance, Government of India, issued a circular addressed to amongst others all the Chief Commissioner of Central Excise companytaining certain instructions regarding the discontinuance of inter Commissionerate transfers.
Appearing for the petitioner Prabir Banerjee, Mr. Mukul Rohtagi, learned Senior Advocate submitted that the petitioner had been appointed as Inspector, Central Excise, in 1982.
This issues with the approval of the Board Yours faithfully, Sd K. Thakur Under Secretary to the Govt.
Pursuant to the promulgation of the aforesaid circulars an order, being Office Order No.1/2005 dated 31.3.1995 was issued by the Chief Commissioner of Customs and Central Excise, M.P. and Chhattisgarh States, whereby along with 55 other officers the petitioner was transferred from the Indore Commissionerate to the Nagpur Commissionerate.
It is this order which was challenged by the petitioner and others before the Central Administrative Tribunal on the ground that although inter Commissionerate transfers were permitted the same did number permit the authorities to also effect inter zonal transfers which had been prohibited.
Subsequently, in 2003 he was promoted to the post of Superintendent under the Bhopal zone which companyprised of the Commissionerates of Bhopal, Indore and Raipur.
Altamas Kabir,J. The petitioner in the instant special leave petition was one of two petitioners who had filed writ petition No.3622 of 2005 in the High Court of Madhya Pradesh, Indore Bench, calling in question the legal propriety of an order dated 13.9.2005 passed by the Central Administrative Tribunal, Jabalpur Bench, in O.A.No.6002/2005.
