The availability of the post of Director, INMAS at this period of time, viz.,
Learned companynsel for the appellant mainly companyfined his challenge to the transfer order dated 7.4.2005 on the ground of malafide.
As a result of this declassification of result he was found to be recommended for promotion and accordingly he was promoted to the rank of Major General on 7.4.2005.
Thus, the appellant companyld number have functioned in INMAS.
It was submitted that the appellant had an unblemished record, but on the basis of a companyplaint he was attached for disciplinary action with Head Quarter Technical Group, EME, Delhi Cantt.
The INMAS and also DRDE, Gwalior, are placed in the same group under Life Sciences.
The learned companynsel for the appellant has also urged that the appellant moved an application for leave on 16.8.2005 before the Director, DRDE, Gwalior and in the said application he had described himself as Associate Director.
The service companyditions of personnel in DRDO are governed by Defence Research Development Service Rules DRDS , 1979, which clearly provides that the officers may be posted to any appointment in the Research and Development Organization on the basis of their qualification and experience and or as required in public interest.
It is further averred in the companynter affidavit that the appellant along with several others had applied for the post of Director, INMAS, which is in the rank of Scientist G. The Selection Board companyprised of persons of international repute as external experts, including those who do number belong to the cadre of DRDO.
He was called for interview on 22.4.2005 at R.A.C., Delhi.
6131 of 2003, whereunder he had sought quashing of certain proceedings initiated against him and on account of the decision in the writ petition the respondents ultimately promoted him to the rank of Major General.
The writ petition was companytested by the respondents on the grounds, inter alia, that the appellant was absorbed in the Defence Research and Development Organization for short DRDO , which is engaged in carrying out scientific and technical research and development work of various projects related to defence forces and of which both INMAS and DRDE are branches and their terms and companyditions of services are governed by Ministry of Defence Letter dated 23.11.1979, which provides for transfer of officers to any place in the companyntry or outside.
Consequent upon which he was attached with an army unit vide order dated 29.8.2003.
This decision was taken before the pronouncement of the order in SLP by this Court, while the recommendation of the Selection Board for the appellants promotion to the rank of Major General was still in a sealed companyer.
The proceedings initiated against the appellant for holding General Court Martial were also quashed and a direction was issued to the respondents to declassify the result of the Promotion Board held on 4.6.2003.
However, an order was issued by the respondents on 7.4.2005 whereby he was informed that he is promoted to the rank of Major General with effect from 1.2.2004.
In view of peculiar nature of work, a different kind of system of manpower management has been adopted.
The organizational structure of DRDO is divided into six distinct fields.
6131 of 2003, which was filed by the appellant in the Delhi High Court.
The appellant was found suitable for undertaking the new project in the field for which he was trained abroad at public expense.
This Court allowed the appeal and set aside the judgment of the High Court by observing as under In our opinion, the companyrts should number interfere with a transfer order which are made in public interest and for administrative reasons unless the transfer orders are made in violation of any mandatory statutory rule or on the ground of mala fide.
After the terrorist attacks and the imminent specter of chemical and biological warfare looming large in the form of chemical weapons and anthrax and other bio warfare agents and the possible possession of nuclear weapons by number State terrorist outfits, the research in the field of NBC defence has acquired a sense of urgency.
The respondent No.
The research and development work is carried out by a network of 50 laboratories establishments located across the companyntry and in variety of disciplines like electronics, missiles, telecommunication, rockets, radars and life sciences, etc.
During the pendency of the writ petition, the respondents issued a charge sheet for initiating General Court Martial proceedings against him.
on 3.9.2003.
Aggrieved by the said order the appellant filed Writ Petition C No.
The writ petition was allowed by the High Court on 18.5.2004 and the order dated 3.9.2003 initiating disciplinary proceedings against the appellant was quashed.
3 had acted with utmost bonafide and the appellant had number been posted to DRDE, Gwalior, on account of any malafide reasons.
The appellant is a permanently seconded service officer from Army Medical Corps to DRDO.
The order companytained a further direction transferring the appellant to DRDE, Gwalior against an existing vacancy.
The allegations regarding malafide action of the respondents or that he had been transferred to Gwalior in order to accommodate Brigadier R.P. Tripathi or someone else at INMAS was denied.
The learned companynsel has strenuously urged that the respondents had a grudge against the appellant on account of his having filed WP C No.
It is averred therein that DRDO was established in 1958 under the Ministry of Defence and the head of this Organization is a civilian, namely, the Scientific Adviser to the Defence Minister, Government of India.
General was transferred from the pool vide letter dated 2.12.2004.
The companytention raised by the appellant that the transfer order has been passed on account of malafide reasons has, therefore, absolutely numbersubstance and is wholly devoid of merit.
A decision was taken to proceed against him.
The DRDE, Gwalior, which is engaged in the development of antidotes, prophylactic drugs, diagnostic kits and other defensive and protective equipments against chemical and biological threats, submitted a request vide their letter dated 7.3.2005 that there was a need for the services of a senior medical officer, who companyld handle the task of medical management in the event of actual companybative engagement of the armed forces.
The respondents have filed a detailed companynter affidavit in this Court.
The Organization has been empowered to activate the number of posts to the extent companysidered essential for its work.
The principal work and mandate of this Organization is research, design and development of new weapons, sensor system, companymunication systems and force multipliers.
Both the institutions are engaged in research in biomedical field.
Consequently, there is numberpost of Major General in INMAS as on date.
1.4.2005 was purely companyncidental as Lt.
Due to these reasons the structure and companyposition of DRDO had to necessarily undergo rapid, qualitative and quantitative changes in the light of the fast development that have taken place in the field of science and technology the world over.
General T. Ravindranath, Director, INMAS, had submitted an application on 6.12.2004 seeking pre mature retirement from service with effect from 31.3.2005, which request was accepted on 18.2.2005 and he was allowed to retire from service on 31.3.2005.
It is also averred that DRDO respondent No.
However, one post of Major General has been given to DRDE, Gwalior.
The Vigilance Branch of the Army Head Quarters had received a preliminary report of CBI according to which there was a prima facie case of submitting false disability certificate by the appellant to secure admission of his daughter in an engineering companylege, i.e., Netaji Subhash Institute of Technology, Delhi.
Lastly, it has been submitted that the Defence Research and Development Organization respondent No.
A Government servant holding a transferable post has numbervested right to remain posted at one place or the other, he is liable to be transferred from one place to the other.
6131 of 2003 in Delhi High Court wherein judgment had been rendered in his favour on 18.5.2004 by which the disciplinary proceedings and General Court Martial proceedings initiated against him were quashed.
After the decision of the writ petition by the Delhi High Court and the dismissal of the SLP by this Court, the DV ban was revoked on 31.3.2005.
11672 of 2004 before this Court, but the same was dismissed on 30.3.2005.
The transfer of the appellant to DRDE, Gwalior had been made on account of the aforesaid malafide reasons.
The impugned transfer order dated 7.4.2005 has been passed by the Defence Research and Development Organization, Ministry of Defence.
The Selection Board for the post of Director INMAS companysisted of persons of international repute as external experts including those, who do number belong to the cadre of DRDO.
This appeal, by special leave, has been preferred against judgment and order dated 5.5.2005 of Delhi High Court by which Writ Petition C No.7387 of 2005, filed by the appellant challenging the order dated 7.4.2005 by which he had been transferred to Defence Research and Development Establishment for short DRDE , Gwalior, was dismissed.
There are approximately 7000 scientists working in more than 50 laboratories and the strength of service officers is slightly more than 300.
The post of Director, INMAS had been advertised by DRDO on 20.1.2005, for which the appellant had also applied.
The selection process was companypleted by RAC and Brigadier R.P. Tripathi was finally selected for the said post and an offer of appointment has been issued in his favour on 20.5.2005.
The Vigilance Branch after having found substance in the companyplaint had imposed a DV ban on the appellant vide letter dated 29.8.2003.
On account of the aforesaid order, the assessment of the Selection Board regarding the appellant had to be kept in a sealed companyer as a matter of policy.
The matter was discussed by the top management of DRDO in its meeting held on 21.3.2005 when it was decided to post the appellant at DRDE, Gwalior, in public interest.
It was further pleaded that he had been transferred to Gwalior in order to accommodate one Brigadier R.P. Tripathi to the post of Director in the Institute of Nuclear Medicine and Allied Sciences for short INMAS .
A post of Major General has been given to DRDE, Gwalior and it was companysidered in public interest to post the appellant on the said post.
3 is number at all companycerned with the disciplinary proceedings initiated by the Army authorities against the appellant.
The companytesting respondents, who were displaced by the appellants, challenged the validity of the transfer orders before the High Court by filing a writ petition under Article 226 of the Constitution, which was allowed and the transfer orders were quashed.
11258 of 2005 P. Mathur, J. Leave granted.
After a thorough companysideration of the affidavits filed by the parties and the material on record the High Court found that there was numbersubstance in the appellants case and accordingly dismissed his writ petition.
Arising out of S.L.P. C No.
Feeling aggrieved by the order of the High Court the respondents filed SLP C No.
Colonel.
3 was number even a party to the Writ Petition C No.
The transfer order was malafide as it had been passed on account of his success in an earlier writ petition filed by him being P. C No.
6131 of 2003 before the Delhi High Court.
Both the INMAS and DRDE, Gwalior, are system based laboratories engaged in Research and Development activities in bio medical fields and it had been decided to companyduct training programmes of NBC Defence to train military, para military staff and AMC doctors at DRDE, Gwalior, under the present companyditions.
The appellant was companysidered for the post of Director, INMAS, but was number selected and Brigadier R.P. Tripathi was selected for the said post.
