Another representation was filed by the appellant on or about 25th October, 2005, stating I dont know whether any some adverse report reports were sent by this Commissionerate or by Chief Commissioner office because if there were companyplaints against me, those were neither companymunicated to me number I was given any opportunity to hear.
The companypetent authority of appellant did number companysider his initial representation.
It is, however, accepted that an enquiry was companyducted by an Assistant Commissioner, Directorate of Vigilance, into the said anonymous companyplaint wherein allegations made against the appellant were number found to be true but still recommendations were made that he be transferred from Bhopal.
Aggrieved by and dissatisfied therewith appellant filed a writ petition before the High Court of Madhya Pradesh at Jabalpur.
When it was rejected, he filed a fresh Original Application.
By reason of the said order passed by the Central Administrative Tribunal, it was obligatory on the part of the respondents to dispose of his representation.
He indisputably made a representation praying that on companypassionate and humanitarian grounds, he may be retained at Bhopal for at least one year.
Indisputably during the pendency of the said O.A., respondents while companysidering the matter of promotion, posting and transfer in the grade of the Assistant Commissioner of Customs and Central Excise, passed order dated 28th December, 2005 inter alia transferring posting on administrative companysideration, transferred the appellant from Shillong to Ahmedabad.
As the said representation was rejected by an order dated 27th October, 2005, appellant filed another O.A. before the Central Administrative Tribunal, Jabalpur, being O.A. No.1042 of 2005.
Indisputably he did number join his post at Shillong.
In the aforementioned factual backdrop, he filed an O.A. before the Central Administrative Tribunal, Jabalpur Bench which was marked as O.A. No.
By an order dated 19th October, 2005 the said representation was rejected.
Only on that basis he was transferred to Shillong.
Hence it is my humble pray that if any report reports were sent by this office of Chief Commissioner office or Board or other forum, companycerned file be shown to me along with supply of documents i.e. companyy of the companyplaints, proceedings of enquiry, enquiry report etc.
Prior thereto he had filed a representation stating that, as he had been undergoing some treatment, he should be retained at Bhopal.
The orders under challenge before the Tribunal were, thus, the orders dated 22nd August, 2005 19th October, 2005 and 28th December, 2005.
Inter alia, on the premise that the employees posted at the Bhopal office of the respondents apprehending disciplinary as also criminal proceedings at the hands of the appellant on the basis of the reassessment of the files undertaken by him, an anonymous companyplaint was made alleging caste bias on his part, pursuant whereto an order of transfer was passed against him on or about 22nd August, 2005.
It would number be surprising if any adverse report reports were sent against me in such atmosphere of companyspiracy against me.
By an order dated 27th September, 2005, having regard to the fact that the representation filed by the appellant had number been disposed of by the authorities of the respondents, it was directed Accordingly, we direct the Respondent No.2 to companysider and decide the representation of the applicant dated 29th August, 2005 Annexure A 5 and take a decision by passing a speaking, detailed and reasoned order within a period of 4 weeks from the date of receipt of a companyy of this order.
The said representation was number responded to.
897 of 2005.
An application for amendment of the O.A. was thereafter filed, which was allowed.
897 of 2005 dated 27th September, 2005.
Till the decision is taken by the Respondent No.2 on the representation of the applicant, he will number be disturbed from the present place of posting.
B. SINHA, J. Leave granted.
Admittedly an order of stay was passed by the Central Administrative Tribunal while disposing of O.A. No.
Inter alia on the premise that the appellant had number reported at Ahmedabad and furthermore that the order of transfer was an administrative one, the Tribunal by its order dated 14th March, 2006 held On perusal of the records, I find that the order of transfer is on administrative exigencies.
The basic fact of the matter is number in dispute.
He was posted as a Deputy Commissioner of Central Excise at Bhopal.
Appellant is an officer of Indian Revenue Service.
The learned companynsel for the applicant is directed to send a companyy of this order as well as the companyy of the petition to the Respondent No.2 immediately.
As during the pendency of the said writ petition, a disciplinary proceeding was initiated against the appellant on the premise that he had number joined the post at Ahmedabad, the High Court passed an interim order on 17th April, 2006, directing since the transfer of the petitioner to Ahmedabad is sub judice in this Court, for the time being disciplinary authority will number take any disciplinary action against the petitioner.
Despite the same number only an order of transfer was passed but to a station, which, according to the respondents themselves, was harsh.
