Can deptt transfer me while case in progress?
PREM
(Querist) 01 April 2012
This query is : Resolved
Dear helpful Lawyers..I Won a case thru Hon'ble CAT in a service matter(posting on deputation for 3 yrs to abroad).Order passed on 26-April-11 quashed the wrong selection of low merit candidate, directing my Govt. deptt. to take me in his place. But till date Deptt. has not complied with the order, rather filed a WP in HC in Sep 11, to stay Hon'ble CAT's order, and I guess my deptt. is intentionally not moving d case knowing their un-lawful stand/base due to which they shall again loose in HC. I think they have been passing the time to transfer me away from my place as transfers may start from April 1/2 week of this year.Can they transfer me when the case is in progress and moreover when I have taken up my case as party in person?Is there any remedy in the periphery of LAW?Few local lawyers told me that they cannot, as it shall be clearly a malafide action on their part.Pls clarify..
Guest
(Expert) 01 April 2012
Views of the advocates, you consulted, are wrong, as the department has the sole discretion to post/transfer anyone anywhere and at any time within its jurisdiction, irrespective whether the case is in progress or not, provided that no stay order exists against transfer.
So, if you are certain that the department is going to transfer you, better get a stay order from CAT.
Sudhir Kumar, Advocate
(Expert) 01 April 2012
If you are able to prove bdfore CAT that the transfer is malafide it may interefer and normally not.
Rajeev Kumar
(Expert) 01 April 2012
The department has the discretion to transfer a peson anywhere or any time within jurisdiction. The case is in progress is not a matter that the department can't transfer you. You should get the stay from the CAT.
V R SHROFF
(Expert) 01 April 2012
The Transfer must be justified , and not to harass or with malafide intention. Equity to all, and should be in the interest of employer, as well as employee.
If against natural justice, or equity, it can be challenged, as misuse of the power and authority.
If so , get stay order against transfer, if genuine hardship.
Nadeem Qureshi
(Expert) 02 April 2012
Dear Querist
I agree with Mr. Dhingra
