Last Updated on January 19, 2019 by Legalseva.net
UT Chandigarh’s Interdepartmental Policy is once again in limelight. This time, High Court of Punjab & Haryana at Chandigarh has dismissed the plea of UT administration against the CAT Chandigarh order of strucking down the interdepartmental policy where the employees were supposed to get transferred from one department to the other.
The Central Administrative Tribunal (CAT) passed these orders sometime in July 2017. Hence the UT administration preferred appeal against the CAT’s order before division bench in High Court Chandigarh.
Also Read- APPEAL AGAINST DISMISSAL IN CAT
Through the policy itself, Chandigarh Administration has preferred Large scale transfers of employees from one department to the other.
The court went onto observe regarding the policy, “It is like saying a lawyer to do the CA’s work”.
Though the UT administration sought time to furnish the following:
1 Details of Employee
2 Which Department Transferred
3 How much time spent in that department
4 Place of new posting with position
5 Emoluments whether affected or not.
Also Read- SEXUAL HARASSMENT CASE IN CAT TRIBUNAL
Now the ministry of home affairs (MHA) has issued a notification making the administrator a competitive authority to make the transfers as per interdepartmental policy. Further administrator has passed these powers to concerned officer in Chandigarh Administration.
Brief History
Former Advisor Sh. Vijay Dev made this policy and took approval from the administration. Almost around 550 people were transferred under this policy who later approached the CAT Chandigarh Tribunal for relief which was granted to them.
Mr. BL Sharma from personal department has said under Article 309 of Constitution of India, the Ministry of Home Affairs (MHA) is competent to issue these directions.
Also Read- APPOINTMENT AGAINST SANCTIONED POSTS ONLY
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