Vipul Ganda is an Independent Litigation Counsel with over 14 years of experience and a proven track record in Litigation and Dispute Resolution.
Pankaj Sharma Versus Union of India and Ors.
Court / Forum : Delhi High Court Citation : WP (C) 4704/2020 Coram : Justice Siddharth Mridul and Justice Talwant Singh
Subject : Petition against Transfer Order Date of Decision : 2020-07-29
The Petitioner, who was Chief Controller in the Northern Railway, was posted in Delhi since 2004.
The Petitioner approached Ld. Central Administrative Tribunal against the said order on the ground that he is undergoing treatment for certain ailments and shall not be transferred to any distant place. Further, the petitioner had also prayed for entrustment of lighter duties.
The Ld. Central Administrative Tribunal declined to interfere with transfer vide order dated July 14, 2020. However, it directed the Respondent to pass orders on the representation of the applicant for entrustment of lighter duties. The Petitioner then approached Honíble High Court against these orders.
Whether the Respondentís order to transfer the Petitioner to Tughlakabad on administrative ground is in accordance with the law or not?
The Honíble High Court held that the Petitionerís job is a transferrable one and the transfer of the Petitioner by the railway authorities cannot be faulted in any manner.
The Honíble High Court also observed that the Petitioner who is working as Chief Controller in the Northern Railway and has been posted in Delhi since 2004, has merely been transferred within the city from one location to another on administrative grounds.
Accordingly, the Honíble High Court disposed off the Appeal with the directions to Respondent to dispose off the representation for entrustment of lighter duties filed by the petitioner within four weeks in accordance with law.
Vipul Ganda is a Delhi based Advocate practicing largely at the Delhi High Court. His practice focus is Dispute Resolution and Litigation and his practice areas include Arbitration, Commercial, Civil, Constitutional, Corporate and Criminal Litigation.