In these two appeals, the Union of India questions legality of the judgment rendered by a Division Bench of the Guwahati High Court, Agartala Bench, Agartala whereby two writ petitions filed by the respondents were allowed and the companymon order of transfer dated 10.9.2002 in respect of four employees was quashed so far as it relates to the respondents.
The Union of India took the stand that the transfer was done in public interest and on account of exigencies of administration.
She was abused in filthy language and was physically manhandled.
The grounds on which the writ petitions were filed were a the transfer orders of the two respondents were in violation of the provisions of Rule 37 of the Posts and Telegraphs Manual, Volume IV in short the Manual read with D.G. Posts Letter No.20 12/90 SPBI dated 23.8.1990 b the transfer is in violation of Rule 15 of the Fundamental Rules in short FR 15 and c the inter Divisional transfer would effect the seniority and promotional prospects of the writ petitioners and d the transfer order was passed as a measure of penalty.
This companyduct was certainly unbecoming of an employee and with a view to enforce discipline and to avoid recurrence of such unfortunate incident, they were transferred.
They were transferred from Agartala Division to Meghalaya Division by order of transfer dated 10.9.2002.
Background facts sans unnecessary details are as follows The respondents were working in the Postal Services Department.
The Tribunal after hearing the parties directed the authorities to companysider the representations made by the two lady applicants who were companyapplicants along with the respondents within one month.
It was pointed out that the respondents number only misbehaved with the Director Postal Services , a senior lady officer, she was companyfined and dragged from one room to another and this was done with a view to force her to withdraw the charge sheet against the Deputy Post Master.
So far as the present respondents are companycerned, numberinterference was made by the Tribunal with the order.
Challenging the decision of the Tribunal, the writ petitions were filed.
Feeling aggrieved by the order, the respondents writ petitioners along with two others moved the Central Administrative Tribunal at Guwahati in short the Tribunal .
20002 20003/2003 ARIJIT PASAYAT,J Leave granted.
Arising out of SLP C Nos.
