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rakeshwar pathak (none)     24 November 2014

Transfer without any sanctioned post at new place

I am a central govt employee. I and two other employees were transferred for opposing malpractices of our reporting officer. Two of us were transferred to the same place and both of us given the representation against transfer (me for the reasons of my study as I am a student in a university course going along with my services and my colleague on the ground of his being single child taking care of his  ill parents). My colleague transfer not withdrawn but reviewed and he was sent to another branch in the same city. I didnt join service at another place and kept absenting because of its malafide nature and other causes as given below:

The advertisement for this job said place of posting Delhi (although they made me sign a service contract giving condition of transferable all india) that is why i joined because i was enrolled in a study course in the same city.

I am in probation period and the organisation generally does not make transfer in probation period.

Through the RTI I found that there is no sanctioned post of my designation (the post on which I was working in the old place) at the new place of transfer, however there are a number of sanctioned post at this new place of my colleague's designation.

My designation also falls in ex cadre category, which the occupant of which are generally neither transferred nor promoted.

Now they are initiating a inquiry against me for my unauthorised absence and resultant misconduct and misbehaviour.

Can a court intervene in my case. Please help.



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 3 Replies

rakeshwar pathak (none)     24 November 2014

115 views and no reply ! pondering why?

T. Kalaiselvan, Advocate (Advocate)     27 November 2014

You can seek relief through legal course of action if you feel action against you is in contravention to the stipulated service rules and regulations.  Take the help of a service law practising lawyer, discuss the issues at length with him and proceed as per his further advise.

Sudhir Kumar, Advocate (Advocate)     30 November 2014

agreed with Mr Kalaiselvan


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