STATE TIMES NEWS
JAMMU: A Bench of Central Administrative Tribunal (CAT) comprising Rakesh Sagar Jain (Judicial Member) and Anand Mathur (Administrative Member) stayed transfer of Kaiser Ahmad Bhawani, Assistant Commissioner Revenue Doda who was transferred and his services were placed at the disposal of Union Territory of Ladakh, on deputation basis, for further posting.
In the petition, 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 disposal of Union Territory of Ladakh.
During the course of hearing Senior Advocate 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 applicant that parents of applicant are suffering from multiple life-threatening medical illnesses and his son is also having medical problem and that applicant is sole adult male member in his family to look after his ailing parents and son. In this regard, he has also filed a representation before the Commissioner/Secretary, GAD Government of Union Territory of Jammu & Kashmir for recalling transfer order and further submitted that despite giving option that he be allotted Union Territory of J&K, he was transferred to UT of Ladakh on deputation basis. Deputation is normally ordered at request of the employee, whereas in this case no such request has been made by applicant.
A Bench of Central Administrative Tribunal comprising Rakesh Sagar Jain (Judicial Member) and Anand Mathur (Administrative Member) after hearing Sr. Adv Sunil Sethi for applicant whereas Deputy AG Sudesh Magotra for the UT of J&K, admitted the petition for hearing and observed that keeping in view 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 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 disposal of representation of the applicant.
