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| CAT stays transfer of MVD official from J&K to Ladakh | | | Early Times Report
Jammu, Apr 16: The Central Administrative Tribunal (CAT) has stayed the transfer of a Junior Assistant of a Motor Vehicles Department from J&K UT to the Union Territory of Ladakh.
In a case titled Hafiz-Ul-Rehman versus General Administrative Department, the CAT issued notice to the respondents returnable within four weeks.
Sudesh Magotra, Ld AAG, accepted the notice on behalf of the respondents.
Applicant, Hafiz-Ul-Rehman through his counsel Mir Faheem Shokat Butt, has challenged the government order dated 07.04.2023 issued by the respondent, whereby, the applicant has been deputed to UT of Ladakh and deemed to have been relieved from the present place of posting i.e. RTO, Srinagar with direction to report to General Administration Department, UT of Ladakh.
The counsel for the applicant submitted that impugned order was issued with “ulterior motive and mala fide.”
He said that the order dated 23.02.2023 has attached the applicant in the office of RTO, Srinagar and on the very same day he was deemed to have been relieved by the respondents.
The applicant has challenged the said attachment order dated 23.02.2023 on various grounds inter-alia in violation of statutory provisions of Rules 23 of J&K Civil Services Decentralisation Rules, 2010.
“This Tribunal vide order dated 02.03.2023 had directed Status-quo as it exists today qua applicant services shall be maintained till the next date of hearing,” the counsel for the applicant stated.
“The said direction of Tribunal has been extended from time to time. The High Court of J&K, Ladakh vide order dated 16.03.2023 requested this Tribunal to consider and decide the main matter on the date fixed i.e. 23.03.2023, wherein final arguments on behalf of both the sides are at fag-end. During the pendency of hearing of O.A. No. 356/2023, respondent has issued impugned order dated 07.04.2023 whereby the applicant has been deputed from UT of J&K to UT of Ladakh,” the counsel for the applicant stated.
He prayed for interim relief to stay the operation of order dated07.04.2023.
The counsel for the applicant argued that the legality of earlier attachment order dated 23.03.2023 is under adjudication by this tribunal. “Pursuant to the direction issued by the High Court, the matter has been expedited and the lengthy arguments from both the sides have heard and concluded.”
“During the status quo passed by this Tribunal, the further deputation of applicant from the office of RTO, Srinagar to UT of Ladakh is prima facie not in deference to the interim order passed by this Tribunal,” the plaintiff’s counsel said.
“The impugned order has been issued in the interest of
administration to accommodate/repatriate Vipun Bangroo, Sr. Asstt., Motor Vehicle Department working in UT of Ladakh to UT of J&K. From the perusal of impugned order, it is noticed that Vipun Bangroo has been ordered to be properly relieved by the competent authority in UT of Ladakh whereas, the applicant, herein, attached in the office of RTO, Srinagar has been deputed to the UT of Ladakh and shall be deemed to have been relieved from his present place of posting with immediate effect.
It appears that two different yardsticks in relieving both the officials have been applied by the authority in a common order,” the applicant’s counsel argued.
The CAT ordered: “In view of the facts discussed herein above, the operation of impugned order dated 07.04.2023 shall be remain stayed till the next date of listing. The matter is listed on 15.05.2023.” |
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