CAT stays deputation of ACR Doda to Leh

08/11/2020

Jammu, Nov 7: A Bench of Central Administrative Tribunal Comprising Rakesh Sagar Jain (Judicial Member) and Anand Mathur (Administrative Member) stayed the transfer of Kaiser Ahmad Bhawani Assistant Commi-ssioner Revenue Doda who was transferred and his services placed at the disposal of Union territory of Ladakh, on deputation basis, for further posting.
In the petition filed by Applicant Kaiser Ahmad Bhawani has challenged the impugned order No. 1001-JK(GAD) of 2020 dated 27.10.2020 whereby he has been transferred from Doda and placed at the disposal of Union Territory of Ladakh.
During the course of hearing Sr. Adv Sunil Sethi submitted that within a span of about 2 years, he has been prematurely transferred four times. It has been submitted by learned counsel for the applicant that parents of the applicant are suffering from multiple life threatening medical illness and his son is also having medical problem and that applicant is the sole adult male member in his family having to look after his ailing parents and son. In this regard, he has also filed a representation before the Commissioner/Secretary, G.A.D Government of Union Territory of Jammu & Kashmir for recalling the transfer order and further submitted that despite giving his option that he be allotted to the Union Territory of J&K, he has been transferred to UT of Ladakh on deputation basis. Deputation is normally ordered at the request of the employee whereas in this case no such request has been made by the applicant.
A Bench of Central Administrative Tribunal Comprising Rakesh Sagar Jain (Judicial Member) & Anand Mathur (Admin-istrative Member) after hearing Sr. Adv Sunil Sethi for the applicant whereas Deputy AG Sudesh Magotra for the UT of J&K, admit the petition for hearing and observed that Keeping in view the arguments of learned counsel for the applicant and the fact that he has filed a representation before the Competent Authority seeking recalling of his transfer order and keeping in mind that his reliever is yet to relieve him, the respondents are directed to consider and dispose of his representation within a period of 2 weeks from today and meanwhile the operation of impugned order No. 1001-JK(GAD) of 2020 dated 27.10. 2020 is stayed till the date of disposal of his representation. Court further directed DAG to file his counter affidavit within 2 weeks and question of fresh consideration of issuance of interim order would be considered afresh, if need arises, following the disposal of the representation of the applicant.

Photo Gallery

BSE Sensex

NSE Nifty