CHANDRAMANI SONUJI TIRPUDE vs Petroleum and Explosives Safety Organization on 28 December 2022

1. 1. Union of India, Through the Secretary, Ministry of Commerce & Industry, Explosives Section, DPIIT, Udyog Bhawan, New Delhi-110 001. Email: [secy-ipp@nic.in](mailto:secy-ipp@nic.in)

2. 2. Chief Controller of Explosives, Petroleum & Explosives Safety Organisation, A Block, 5^th Floor, CGO Complex, Seminary Hills, Nagpur 440 006. Email: [explosives@explosives.gov.in](mailto:explosives@explosives.gov.in)

**...Respondents**

**O R D E R (ORAL)**

The present OA has been filed by the applicant, who is working as Driver Grade II in the office of the Chief Controller of Explosives, Nagpur. This is a case where the 2O.A. No.1053/2022The logo of the Central Administrative Tribunal is located in the top left corner. It features a circular emblem with a sunburst design in the center. The words "Central Administrative Tribunal" are written in a circular path around the sunburst. Below the sunburst, the motto "सत्यं वा अमृतं वा" (Satyam or Amritam) is inscribed.

applicant has challenged the order dated 23.12.2022 whereby he has been transferred from the office of the Chief Controller of Explosives, Nagpur, to the office of the Jt. Chief Controller of Explosives, North Circle, Faridabad, in the same capacity.

2. Counsel for the applicant submits that the applicant has two daughters aged 30 years and 31 years who are permanently disabled and he has also annexed the disability certificates along with the Original Application. He further submits that the applicant has also one son who is currently studying in class XIth and that the said transfer will adversely affect the study of his son and this is in violation of the transfer policy. He submits that the applicant being father, is the only responsible person for the welfare of his daughters and the transferred place of posting is far away from his residence and that it will not be possible for him to look after his daughters from there. He further submits that even otherwise, the applicant has not yet completed the minimum tenure at one station, i.e. 5 years, as prescribed in the transfer policy.

3. It is seen that the applicant has approached this Tribunal without having made a representation and today when it is pointed to the counsel for the applicant, he submits that he would be satisfied if an opportunity is given to the applicant to make a representation to the respondents within a period of ten days, which may be decided by them in a time bound manner, and in the meantime, interim protection may be granted to the applicant.

3O.A. No.1053/2022The logo of the Central Administrative Tribunal, featuring a circular emblem with a sunburst design in the center, surrounded by the text 'Central Administrative Tribunal' and 'सत्यमेव जयते' in Devanagari script.

4. Looking to the limited nature of the plea made by the counsel for the applicant, I deem it appropriate to grant a liberty to the applicant to make representation to the respondents within a period of ten days from the receipt of a certified copy of this order, which shall be considered and decided by the respondents by passing a reasoned and speaking order within a period eight weeks thereafter and the order so passed be communicated to the applicant within one week thereafter. In the meantime, the respondents are restrained from coercing the applicant to join at the transferred place of posting.

5. In terms of the above directions, the OA is disposed of. No order on costs.

(Harvinder Kaur Oberoi) Member (J)

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