partha sarathi sengupta (EA) 07 January 2012

Cg service matter

Dear all,

I represent an employee association in AIR & DD. one of my colleagues seems to be harrased by controlling officer. the said officer has history of complaining about subordinate's and recommending transfer on grounds of indiscipline without substantiated proofs. In an incident of september he had recommended the transfer of a person which was jointly opposed by association in written to the office bearers in delhi, the person was transfered but it was admitted by the zonal office that the order was not valid on any grounds. this time again the same controlling officer has complained about a subordinate (who was opposing irregularities) to higher officials confidentially to transfer him. zonal office might consider the same...how can we resist this nefracious design of authorities to curb any genuine voice against corruption.

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3 Replies

jagadish paranjape (Advocate) 28 January 2012

Indiscipline can not be a good ground for transfer an employee.Transfers can be done only on administrative exegencies.In case of indiscipline,the proper course is to issue chargesheet and prove charges in departmental enquiry.Although transfer is an incidence of service, the same can not be resorted to vindictively.

Such arbitrary transfers can be challanged in labour/civil courts depending on whether the employee is workman under I.D.Act 1947 or otherwise.

Being an office bearer of employees Asociation,you should be able to solve the problems of employees without seeking legal recourse.

(Guest)

Transfer is not the remedy to bring efficiency or discipline. That causes more indiscipline and inefficiency.

A bad worker always fights with his tools. Here you can think about your officer, as a bad worker, who believes the most merely on backbiting and getting transfers of his subordinates. Employees are pretty good tools to bring efficiency provided the controlling officer, himself, is fully competent and is able to develop the faculties of his subordinates, rather than getting them frrequently trnsferred.

Sudhir Kumar, Advocate (Advocate) 14 March 2012

In this case it appears that the employee is being harassed for exposing the il deeds of sernior officer to higher authoritiwes (atleast what the querist claims).

Now since he has not made any writtten complaint against the said senior officer he has no proof to allege his transfer being malafide. Had he complained and then got transferrre dhe could have moved to CVC and even to CAT.

Being a union leader you should act or leave post to your rivals.