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CAT stays transfer of I/C AE who transferred thrice in six months

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JAMMU : Judicial Member Sanjeev Gupta of Central Administrative Tribunal stayed the transfer of Sachin Tickoo I/C Assistant Engineer who was transferred thrice in six months.
The applicant, Sachin Tickoo, through the medium of the present Original Application(in short, OA) has sought quashing of transfer order no. 139-JK(PDT) dated 08.11.2023 whereby, he has been transferred from Sub-Division, Kathua (TLMD-II) in Jammu Kashmir Power Transmission Corporation Ltd. to Sub Division Nowshera ED Rajouri in Jammu Power Distribution Corporation Ltd. It is averred in the OA that after his first posting on 15.01.2021 as In-Charge Asst Engineer, he was transferred thrice in past 6 months vide orders dated 16.06.2023, 25.07.2023 and 08.11.2023(impugned order), in violation of the transfer policy dated 28.07.2010 with regard to the tenure of the posting of a Govt Employee on a post.
Judicial Member Sanjeev Gupta of Central Administrative Tribunal after hearing Sr. Adv Abhinav Sharma with Adv Abhimanyu Sharma for the petitioner, observed that it is true that a Government servant has no vested right to be posted at a particular place and the Govt in exigency of service is well within its rights to transfer a Govt Servant from one place to other place, including premature transfer but, such transfer should not be punitive and malafide. In the present case, it appears that there is no justification, much less valid reason for transfer of applicant thrice in a short span of 6 months and having considered the pleadings and documentary evidence on record, Court is of the opinion that a prima facie case is made out for grant of interim relief in favour of the applicant. Accordingly, the impugned order dated 08.11.2023 is stayed and the applicant be allowed to perform his duties at his present place of posting.

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