Post covers MOD CAT Chandigarh Bench Transfer Case wherein direction by the Supreme Court in the case of T.S.R. Subrmanian & Ors. Vs. UOI & Ors., 2014 (1) SCT 255 Transfer policy to be considered.
Case Name- Satish Kumar Vs. UOI & Ors.
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FACTS OF THE CASE:
Facts are being taken from OA No. 060/0023/2020 titled Satish Kumar Vs. UOI & Ors. The applicant herein assails his transfer order dated 02.01.2020 which is purported to have been passed in accordance with transfer policy dated 29.11.2019 whereby the applicant has been transferred from Chand mandir to Headquarters Eastern Command, Kolkata.
RESPONDANTS OBJECTION:
On notice of motion, the respondents put in appearance. Brigadier N.K. Ohri, VSM, Dy. JAG, HQ, Western Command is also present in court. Though he tried to justify the stand taken by the respondents in passing the impugned transfer order based on policy dated 29.11.2019, by submitting that the transfer policy has been framed pursuant to a direction by the Supreme Court in the case of T.S.R. Subrmanian & Ors. Vs. UOI & Ors., 2014 (1) SCT 255. He also submitted that the interim protection was granted by this court to applicant in terms of the order passed by the Hon’ble High Court in CWP No. 105/2020, arising out of the order passed by this court, whereby this court had declined to grant interim stay.
Also Read- Jatinder Kumar (Mes No. 315467) vs Unknown on 22 Sept 2019
OBSERVATION MADE BY LEARNED COUNSEL:
Learned counsel representing the applicants very fairly submitted that in the eventuality of order going against him, the applicants may be given protection for another three days beyond the date of such order by the respondents so that the applicant can approach the court of law.
ORDER OF THE COURT:
After examining the averments made by both the parties and the stand taken by the respondents, the court disposed of all the OAs by directing the competent authority amongst the respondents, to whom the representations have been addressed, to decide the same by passing a reasoned and speaking order within the time as indicated above. While deciding the same, the respondents shall also consider the stay order granted by different Hon’ble High Courts in similar matters. The order so passed shall be communicated to the applicants.
Also Read- K Ravikumar vs M/O Defence on 25 April, 2019 – Indian Kanoon
CASE SUMMARY:
This order disposes of ten OAs, which involve identical questions of law and facts and relief claimed is also common. Likewise, is also requested by the learned counsel for the parties. For convenience, the facts are being taken from OA No. 060/0023/2020 titled Satish Kumar Vs. UOI & Ors.
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