{"id":194277,"date":"2000-03-15T00:00:00","date_gmt":"2000-03-14T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/shri-bijay-krishna-banik-vs-union-of-india-uoi-and-ors-on-15-march-2000"},"modified":"2017-09-24T02:26:52","modified_gmt":"2017-09-23T20:56:52","slug":"shri-bijay-krishna-banik-vs-union-of-india-uoi-and-ors-on-15-march-2000","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/shri-bijay-krishna-banik-vs-union-of-india-uoi-and-ors-on-15-march-2000","title":{"rendered":"Shri Bijay Krishna Banik vs Union Of India (Uoi) And Ors. on 15 March, 2000"},"content":{"rendered":"
Central Administrative Tribunal – Gauhati<\/div>\n
Shri Bijay Krishna Banik vs Union Of India (Uoi) And Ors. on 15 March, 2000<\/div>\n
Bench: S A G.L., L Swaminathan<\/div>\n<\/p>\n
<\/pre>\n
JUDGMENT<\/p>\n
Lakshmi Swaminathan, Member (J)  <\/p>\n
 1. The applicant is aggrieved by the transfer
\norder passed by the respondents dated 7.4,1998 transferring him as Announcer Senior
\nGrade from All India Radio. Agartala to All India Radio Belonia (for short ‘A.I.R.’) and
\nrejection of his representation by order dated 30.6. 1998. Subsequently, the applicant has
\nbeen relieved by order dated 24.7.1998 which is impugned in this O.A’.\n<\/p>\n
 2. The present application is the second round of litigation by the applicant. Earlier, he had filed O.A. 94\/98, which was disposed of by the Tribunal’s order dated 20.5.1 1998. The respondents in their written statement have submitted that the applicant had submitted a representation against the transfer order dated 7.4.1998 on 23.4.1998 to the Director General, A.I.R. New Delhi, through proper channel. However, before the same was disposed of by the Competent Authority,  he had filed O.A. 94\/98. By the Tribunal’s order dated 20.5.1998, the respondents were directed to consider arid dispose of the representation by a reasoned speaking order, which was done by (he order dated 30.6.1998.\n<\/p>\n
 3. Mr. M. Chanda, learned Counsel for the applicant has submitted that the disposal of  the applicant’s representation has not been done by a speaking order. We are unable to agree with the contention of the learned Counsel as the respondents have mentioned the reason in the order dated 30.6.1998.\n<\/p>\n
 4. One of [he main contentions of the learned Counsel for the applicant in impugning the transfer order dated 7.4.1998 is that the applicant being a Grade-Ill Announcer, cannot<\/p>\n
be transferred to A.I.R., Belonia, as there is no Grade-Ill post there. This according to him, is lowering of his status, although it does not appear that the respondents have sought to reduce him from a Grade-Ill Announcer. He relies on the judgment of the Supreme Court in E.P. Royappa v. State of Tamil Nadu, AIR<\/a> 1974 SC 555.\n<\/p>\n
 5. Another contention of the learned Counsel for the applicant is that the aforesaid impugned transfer order is contrary to the provisions laid down in the Transfer Policy. He submitted that the respondents could not have transferred the applicant when admittedly there are other persons who are having long stay at Agartala, namely, Shri Banik Chakraborty, Announcer Grade-Ill. He has also submitted that the A.I.R. Station at Agartala is a Group-A Station whereas the A.I.R. Station at Belonia is a Group-B Station. Taking into account these factors, the learned Counsel has vehemently submitted that the transfer of the applicant means that he has been lowered in status which, therefore, has caused him prejudice. He has contended that there were three other junior officers who could have also been transferred to Belonia which has also not been done. He, therefor, contends that the respondents have illegally picked up the applicant for transfer by the order dated 7.4.1998 from Agartala to Belonia.\n<\/p>\n
 6. The respondents in their written statement have submitted that after considering the facts, they had no option but to transfer the Senior Announcer from A.I.R., Agartala to A.I.R., Belonia. They have stated that the duties and responsibilities in both the grades of Announcers i.e. Grade IV and Grade III are the same and accordingly, there is no violation of the transfer rules. They have also clarified that the applicant has been transferred in the same capacity i.e. Grade III to A.I.R. Belonia as stated in the order dated 24.7.1998. This order has been enclosed by the applicant himself at Annexure-A\/10. Mr. A. Deb Roy, learned Sr. C.G.S.C. has submitted that in terms of the appointment order of the applicant, the agreement further provides that the applicant is required to proceed to ‘any part of India’ on transfer or special assignment depending on the exigencies of the work. The learned Counsel has further submitted that the transfer policy relied upon by the applicant cannot assist him because although normally, the officers may not be transferred from one station to Anr., there is no bar to such transfer, taking into account the facts and circumstances of a particular case. He has also submitted that the representation of the applicant has been duly considered by the competent authority and it was not found feasible to accept his request for cancellation of the transfer order. He, therefore, prays that the O.A. may be dismissed.\n<\/p>\n
 7. We have considered the pleadings and rival contention of the learned Counsel for the parties.\n<\/p>\n
 8. The impugned transfer order dated 7.4.1998 read with the order dated 24.7.1998 shows that the applicant has been transferred to A.I.R., Belonia in the same capacity as held by him before his transfer as Announcer Grade-III in A.I.R., Agartala. The respondents have also stated that this is the position. We are not impressed by the submissions made by the learned Counsel for the applicant that as there is no sanctioned post at Belonia for Grade-III Announcer, it would cause difficulty to the respondents because that is a matter for the respondents to take care of as stated by them in their letter dated 30.6.1998.\n<\/p>\n
 9. The Transfer Policy laid down by the respondents for Staff Artists by Circular dated 11.12.1992 provides that at lower levels the Broadcasting officers are to be given opportunity to serve ‘B’ and ‘A’ stations to enable them to get experience of all aspects of broadcasting. It is further provided that, as far as possible, every employee will be posted also to the ‘C’ category station during his service. Taking into account these provisions the<\/p>\n
submissions made on behalf of the applicant that he cannot be transferred from higher grade station to a lower grade station is not acceptable as the same is not borne out by the provisions of the Transfer Policy. Para-9 of the transfer policy reads as follows:-\n<\/p>\n
  “When the questions of transfer is considered, as a normal rule, a person with the longest continuous stay at the station, irrespective of the rank(s) held by him earlier, should ordinarily be transferred first. For this purpose, the service rendered at a Station as a local recruit will not be taken into consideration for determining the length of continuous stay at that station. Also, the actual period of continuous service at the site(s) of installation(s) will be excluded for computation of continuous stay provided the period of stay at the installation is more than ninety days in a calendar year”.\n<\/p>\n
 10. In view of the above provisions in the Transfer Policy, which only provides a
\nguidance in the normal circumstances, the action of the respondents cannot also be faulted
\nin transferring the applicant from A.I.R., Agartala to A.I.R., Belonia. The submission made
\nby the learned Counsel for the applicant that only the persons with the longest stay at
\nAgartala could have been transferred cannot also be accepted, in the circumstances of the
\ncase. In the facts of the present case, therefore, it cannot be concluded that the transfer of
\nthe applicant from one station to another is outside the Transfer Policy issued by the
\nrespondents dated 11.12.1992.\n<\/p>\n
 11. On the question of lowering of the status of the applicant because he has been
\ntransferred to a station where there is no sanctioned post for a Grade-III Announcer, in view
\nof the respondents’ order dated 24.7.1998, we do not find merit in the submission. It is made
\nclear in that order that the applicant has been transferred in the same capacity and is
\nreceiving the same salary as due to an Announcer Grade-111. In this connection, the
\nJudgment of the Supreme Court in N.K. Singh v. Union of India and Ors. (1994) 28 ATC
\n246=1994(3) SLJ 37 (SC), is relied upon. Nothing has been placed on record to show that
\neither the applicant’s career prospects has been adversely affected to there has been any
\ndetriment to the applicant which would justify our interference in the present transfer order”\n<\/p>\n
in exercise of the power of judicial review. The judgment of the Hon’ble Supreme Court
\nin E.P. Royappa’s  case (supra) relied upon by the applicant will also not assist him in the
\nfacts of the present case as there is no lowering of the status on his transfer from Agartala
\nto A.I.R. Belonia as the respondents have clearly stated that he has been transferred in the
\nsame capacity.\n<\/p>\n
 12. In the result, for the reasons given above, we find no merits in the application or any justification to interfere with the matter. The application accordingly, fails and is dismissed. The interim order dated 30.7.1998 is hereby vacated. No order as to costs.<\/p>\n","protected":false},"excerpt":{"rendered":"
Central Administrative Tribunal – Gauhati Shri Bijay Krishna Banik vs Union Of India (Uoi) And Ors. on 15 March, 2000 Bench: S A G.L., L Swaminathan JUDGMENT Lakshmi Swaminathan, Member (J) 1. The applicant is aggrieved by the transfer order passed by the respondents dated 7.4,1998 transferring him as Announcer Senior Grade from All India […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-194277","post","type-post","status-publish","format-standard","hentry","category-judgements"],"yoast_head":"\nShri Bijay Krishna Banik vs Union Of India (Uoi) And Ors. on 15 March, 2000 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/shri-bijay-krishna-banik-vs-union-of-india-uoi-and-ors-on-15-march-2000\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Shri Bijay Krishna Banik vs Union Of India (Uoi) And Ors. on 15 March, 2000 - 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