High Court of Judicature at Allahabad
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Union Of India Thru General Manager N.E.Railway & Others v. Ram Bachan Yadan And Others - WRIT - A No. 52271 of 2005  RD-AH 3473 (14 February 2006)
Hon'ble Sushil Harkauli, J
Hon'ble Vikram Nath, J
Respondent no. 1 was a TTE in the Railways. It is submitted that he was caught in the vigilance raid and was suspended. However, for some strange reason which has not been explained in the writ petition, even during the pendency of the inquiry, he was reinstated in service. After reinstatement, he was transferred by an order dated 5.12.2003 from Varansi to Izzat Nagar Division. The order was challenged by the respondent no. 1 before the Central Administrative Tribunal, Allahabad, which by its impugned order dated 21.4.2005, set aside the transfer order of the Central Administrative Tribunal.
Having examined the matter and considering the fact that respondent no. 1, who holds a transferable job, has been posted in Varansi since 1995, i.e., for the the past ten years, and accordingly, he is liable to be transferred in the annual change in the transfer policy.
We are not inclined to interfere with the order impugned of the Central Administrative Tribunal which has set aside the order of transfer which is almost two years' old.
After hearing both the sides, we dispose of the writ petition finally, refusing to interfere with the impugned order to permit the petitioner to transfer the respondent no. 1 in the annual change, in accordance with their transfer policy.
Writ petition is disposed of as above.
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