ORDER
Mukesh Kumar Gupta, Member (J)
1. Matter had been heard at length.
2. Challenge is made to order dated 15.5.2006, whereby applicant has been transferred from NPQS, New Delhi to CIPMC, Nagpur. Learned Counsel for respondents produced departmental records to justify in issuing said transfer order, as there had been certain allegations of misconduct against him. A prima facie view has been taken by the authorities to investigate the matter. Learned Counsel for applicant contended that he had never been put to any notice on this account and, therefore, transfer order is rendered punitive in the given circumstances.
3. Upon hearing learned Counsel for parties, I am of the considered view that once an allegation is made against the applicant and the authorities intend to pursue the said aspects further, the Court cannot issue directions to post or continue the applicant at a particular station or vacancy.
4. Learned Counsel for applicant states that except for fifteen days from 01.5.2006 to 15.5.2006, when he occupied the post at NPQS, New Delhi he had never held sensitive post in the respondents’ organization. Further the normal tenure as per the transfer policy, in a non-sensitive post, is seven years, though the said period is five years in case of sensitive posting. Learned Counsel further contends that if the respondents wish to proceed against him departmentally, he needs to be posted not at Nagpur but at Delhi or nearby place, as number of vacancies in non-sensitive post are available with respondents. Three vacancies are available at Faridabad, two at Delhi and one vacancy at Amritsar.
5. At this stage Sh. Nischal, learned Counsel for respondents stated that if applicant makes a representation seeking change of his posting from Nagpur to aforesaid stations, he should make a self-contained representation, which will certainly be decided objectively without being influenced by other aspects, within a period of fifteen days from the date of such representation is received by them.
6. Shri A.K. Behera, learned Counsel on instructions states that such representation would be made within a period of one week from today. Applicant further states that the period after 15.5.2006 be accordingly regulated by the type of leave due & admissible or in such manner as justified under the rules. Shri Rajinder Nischal, learned Counsel for respondents states that if his request is fond justified & admissible within the rules, leave due & admissible etc. will be granted to him.
7. In the above backdrop, present OA is disposed of with direction that if applicant makes a representation, as noticed hereinabove within a period of one week from today, the same shall be considered by respondents objectively within a period of two weeks thereafter. I have no doubt that respondents would consider all aspects including the medical grounds, if any, raised before taking final decision. Till then the status-quo as ordered on 18.7.2006 will remain in force.
8. Accordingly, OA as well as MA stand disposed of. No costs.