How to challenge a malafied transfer order

I could not find any statements related to your Appointment Letter, pl. share the transfer clause which is bound to be there in it.

Regards

VJ

without going through the contents of the Appointment Letter nothing can be explained. As you have written that they have removed the post and then they have transferred the post which is legal. If in future the said post is opened, then you have the first right over it.

For any assistance you may contact.

Vivek Malhotra

Advocate

9716670701

Dear Vivek Sir, thanking you for your expert advice. I have mailed you the case details along with available supporting documents.

Kindly check your mail (hotmail inbox) and revert me back.

given facts do not indicate any illegality or malafide.  The post is no more so you are no more on the post.  You have been given previous substantive post which is your right. You cannot have right to a have a post which no more exists.  An employer cannot be forced to maintain a post which is no more needed..

had you not alrady been a permanent DMRC employee then you were on road and nothing illegal.

Posting ot suitable place an be sought by polite request to higher authorities and not by representationalleging malafide.

It seems that the Queriest has suo motto concluded that the transfer order is malafide, that too without considersing the due process established within the four corners of law.

Pl. remember that no Courts shall entertain/interfere , until the disputed reference is sent by the appropriate Government after following the Conciliation proceedings u/s 10 (1) C of the ID Act, 1947 to the competent forum. 

Good Luck.

VJ

Advocate     

Thanking you for your advice.

Sir, the post is not completely removed from the DMRC the rest two RTI Officers still working with DMRC on the same post. I have been disconinued alone without any show cause notice and no adverse comment given by my controlling department to any authority.

As there is also three units of DMRC exists near my residential set up an my posting has been that the place which is quite away from my residence and current assigned activities do not meet with my education, skills and previous experience.

Now question is that-

a) How can an organisation issue a transfer & posting posting order without getting consultation with either employee or his controlling department?

b) How can an organisation discontinued posts for a particular employee who have been got selected through a recruitment process by conducting a compettive exam followed by persona interview.

c) How can an organisation demote an employees from his present post to his previous post without  any show cause notice or indicating justified reasons?

Kindly advice me.

Sir,

DMRC does not come under the perview of ID Act 1947 it is fully government organisation and I am a permment employees since 11 years. Being a central government organisation, DMRC also comes under the jurisdiction of Central Adminitrative Tribunal.

You have posted that:

---“I have been posted in RTI Cell as RTI Officer with a condition that the post is initially created for 3 years and the RTI Officer can be reverted back to his original cadre in case his performance found unsatisfactory.”

---“After 1 years 6 months, the DMRC passed an order and declared that the post of RTI Officer is removed from the DMRC”

---“the post is not completely removed from the DMRC the rest two RTI Officers still working with DMRC on the same post. I have been disconinued alone without any show cause notice and no adverse comment given by my controlling department to any authority.’

---“ I have submitted a reperesntation to the Managing Director and requesting him to cancel my transfer & posting order as the order passed is malafied,unjustified and directly affecting my personal life, financial conditions and other family members.”

---“ How can an organisation demote an employees from his present post to his previous post without  any show cause notice or indicating justified reasons?”

Generically speaking you have a reason and logic.

Does DMRC have its certified standing orders?

Does DMRC have it service Rules?

Has any of your actions/communications during the stint of RTI officer resulted in any dispute or penalty to DMRC?

You may show the appointment letter, all rules/policies mentioned in appointment letter, service conditions, advertisement for the position, limited dept. Recruitment Process, selection letter, reversion letter etc to an able Labor Law Consultant/Service matters  lawyer/Law firm.

a) How can an organisation issue a transfer & posting posting order without getting consultation with either employee or his controlling department?

ANS  : there is no provision for consulting an employee before his transfer.  In your case it is not a transfer.  The post on which you were working no more existed. 

DMRC had two options

(i) to discharge you from service.  This way you would have been on the road. ;

or

(ii) allow you to be adjusted to the old post in which you were working prior to creation of this post.

Given facts indicate that you were given the option least harmful to you.

In case you had completed probation on the higher post then it was perhaps not stricly legal to adjust you on old post and your juniors (in loer posts) could object to you being adjusted there. Your query is silent on this aspect.

b) How can an organisation discontinued posts for a particular employee who have been got selected through a recruitment process by conducting a compettive exam followed by persona interview.

ANS  : It is the employee who is appointed on a post and a post is not appointed for the sake of employee.  There was a post and you were found suitable.  So you were appointed.

Later on the organisation did not need the post again and post is abolished. 

You had a right to be on the post and not to be arbitrarily removed as long as post was there. 

You cannot compel an employer to maintain a post which employer no more needs.

c) How can an organisation demote an employees from his present post to his previous post without  any show cause notice or indicating justified reasons?

ANS  : It is not a case of demotion due to disciplinary ground.  It is a case of abolition of post which does not call for any SCN to the holder of post.

You have not commented anything whether you have been taken on the old post on old serniority or given fresh seniority.

Originally posted by : Supremo Vinod Shah
	Sir, DMRC does not come under the perview of ID Act 1947 it is fully government organisation and I am a permment employees since 11 years. Being a central government organisation, DMRC also comes under the jurisdiction of Central Adminitrative Tribunal.

DMRC does come undr the purview of CAT.  Given fact do not show any strong case for going to CAT.

I agree with the opinions of experts above.