Legal Question in Administrative Law in India
The official is transferred and relieving orders issued.He refused to accept the orders and went to CAT stating that his transfer is not fair and illegal.The CAT DISMISSED his case.Then he approached High court.The High court also dismissed his case stating that the transfer of the official is purely on administrative reasons and there is no valid reason to intervene.Even after this judgement he is not quitting the office.More over he has kept the office in his possession and lock and key under his control.All the letters i.e. transfer orders,relieving orders and instructions issued in writing are received back undelivered as the official is not taking them.Daily he is attending to the office at the old place, opening with keys and closing the office in the evening.His pay and allowances were already stopped.Even then he is not leaving this office and not reporting at new place.At this juncture an officer of adjacent section has been directed to break open the office take possession of all records ,equipment and take over the charge of the section constituting a committee to witness the above possession.Is the procedure correct?If not the right way may please be suggested.The dept is a central PSU.
1 Answer from Attorneys
10.05.2012
Dear Sir / Madam,
It is important to ascertain whether the transfer order is on promotion, or a reprimand as a result of some allegation of wrong doing by the official, or some other reason. I need to know the exact reason for the transfer to be able to advice you correctly.
If it is a result of some wrong doing allegation which the official is contesting, the matter should be referred to the Internal Auditor of the PSU for investigation, and his / her independent report should be obtained in the matter. Only if the Internal Auditor confirms the wrong doing, the transfer order is then validated.
You can mail me for any further on-line advice at [email protected]
Regards,
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