DANDAPANI BEHERA vs EAST COAST RAILWAY on 29 December 2023

1/15/24, 10:21 AM

CENTRAL ADMINISTRATIVE TRIBUNAL CUTTACK Order Sheet Item no.: 5 O.A./827/2023 (CUTTACK) [ TRANSFER ] Court No.: 1 No of Adjournment: Order Dated: 29/12/2023 DANDAPANI BEHERA Vs EAST COAST RAILWAY For Applicant(s) Advocate : N R Routray For Respondent(s) Advocate : A C Deo Notes of The Registry Order of The Tribunal Heard both sides. Learned counsel for the applicant submitted that the applicant has filed this OA challenging the order of transfer dated 15.12.2023 wherein the applicant was transferred from Talcher to Rayagada in violation of Railway Boards order dated 10.06.2014. It is submitted that applicant after being promoted to the post of ASTE had submitted request for transfer to Angul on the ground of his sons educational career. It is submitted that he was transferred to Talcher on 14.11.2022 with assurance that after completion of one year he will be transferred to Angul. It is submitted that the applicant on 21.11.2023 had submitted representation for transfer to Angul but vide order dated 15.12.2023 he was transferred to Rayagada. It is submitted that no reason has been assigned in the transfer order and the same has not been approved by Placement/Transfer Committee as per RBE dated 10.06.2014. It is also submitted that as per Railway Boards letter dated 16.12.2014, minimum tenure is 2 years and maximum is four years whereas he has only completed 13 months at current place of posting. He submitted that he had submitted representation dated 27.12.2023 (A/4) to Respondent No. 3 which is still pending. Learned counsel for the respondents prays for time to take instruction and file reply. However taking into consideration the background and the fact that the representation of the applicant is pending, the OA is disposed of without 1/15/24, 10:21 AM

expressing any opinion on the merit of the case with a direction to Respodnent No. 3/Competent Authority to consider and dispose of the representation dated 27.12.2023 (A/4) of the applicant, in accordance with rules, by way of passing a speaking and reasoned order to be communicated to the applicant within a period of 60 days from date of receipt of copy of this order. It is also directed that status quo in respect of applicants posting, as on date, shall be maintained for a further period of one week from the date of communication of such speaking order to the applicant. Copy of the order to both sides. PRAMOD KUMAR DAS MEMBER (A) /ck/