Harassment and transfer
kumar
(Querist) 24 January 2018
This query is : Resolved
Sir,
After being harassed and denied on-duty accident claim i filed complaint in grievance cell which went on for 02 years. When case was in win-win condition the respondents conspired and by maligning my image in ministry and sought transfer. I was transferred. Then i challenged the order in CAT court and subsequently succeeded in proving malafide. CAT court directed ministry for cancellation of order. The transfer order got cancelled but no action on those who conspired. The image maligning and harassment continued. I repeatedly wrote to ministry but no reply. In spite of all evidences produced in CAT court and proving malafide the culprits are free. My query is, can i file case of criminal conspiracy as
the respondents used means like writing false letters, forged the documents and misled the ministry. Another querry is once transfer order cancelled by court directives, how can they again transfer within 03 months ?
Isaac Gabriel
(Expert) 24 January 2018
Cat is not clothed with powers to punish the culprits.Rather,you can represent to the authority competent abut the harassment meted out and seek help..
Isaac Gabriel
(Expert) 24 January 2018
Cat is not clothed with powers to punish the culprits.Rather,you can represent to the authority competent abut the harassment meted out and seek help..
Sudhir Kumar, Advocate
(Expert) 25 January 2018
It is rare to get judiciary to quash posting order.
Fully agreeing withe Mr Gabriel I can add that you have a CAT order in your hand which pronounced the transfer as mlafide. The order as you say is implemented and not appealed against. So judicial observation of malafide stands established.
All you can do is to seek noting leading to malafide transfer and complaint in writing to the CVC. You can give complaint even without exercise RTI. If that fails you can file writ mandamus in High Court.
kumar
(Querist) 25 January 2018
The CAT judgment was in August. Department implemented the same in January first week and cancelled order and immediately within a week asked to give options in case of transfer as per rotation policy. I replied and requested for not transferring me for at least 03 years and also sought action against respondents because no action will encourage vindictive approach which is now happening. After 01 month of my reply ,i again sent a notice citing my intentions to file Court case in the event of no action or vindictive action against me i.e transfer. I filed case in Vigilance but they simply forwarded it to my department and no action since then. I think there is no option but to file writ of mandamus as per suggestions. Thanks a lot.
Guest
(Expert) 25 January 2018
You cannot have any permanent solution to transfer through any law.
CAT cancelled order and the department complied the same. That was the end of the past case, not for any further or future number of transfers or the instances of harassment. Since no permanent ban was imposed by the CAT on the department for your transfer in future, the department was free to transfer you any time after compliance of the CAT order. So how many times you can move to CAT for any such further order.
For criminal conspiracy case, you must have adequate proof against them. Malafide can be on the part of some individual authority that does not fall within the scope of conspiracy between various authorities at a time, who would have acted on some wrong report.
So, file any case after giving proper thought several times, as once you go to CAT again, there would be no end to your harassment by one or the other authority on one or the other ground.
SO, TAKE SOME WISE STEP AT ADMINISTRATIVE LEVEL IN CONSULTATION WITH SOME VERY EXPERIENCED EXPERT IN SERVICE MATTERS.
Guest
(Expert) 25 January 2018
Advised adequately by S/Shri Isaac Gabriel and Sudhir Kumar.
Guest
(Expert) 25 January 2018
@ Mr. Jigyasu,
Any fault in my advice? Why only legal recourse is considered proper, not any alternative dispute redressal measure?
Guest
(Expert) 25 January 2018
@ Mr. Dhingra,
My pleasure, if you have sought my opinion.
In this case at first, the querist has sought legal opinion, not any alternative dispute redressal method.
Secondly, your post would have been made while I was busy in scripting my reply. So, there was no occasion to see your advice before AI could click on my reply.
Don't mistake me, I am not against alternate dispute redressal system. More than legal system, I am in favour of the ADR that being cost and time effective, both,
Dr J C Vashista
(Expert) 27 January 2018
Very well advised by experts, I agree.
kumar
(Querist) 29 January 2018
all experts thanks a lot . I already tried for alternative redressal but got no response. As rightly pointed out I can not claim transfer as right and I am not doing so. I am struglling against those who conspire to harm my career. In CAT i provided sufficient evidences of the conspiracy and got verdict but as rightly advised CAT is not for punishment ,hence expected the same from department. Now ,if department ignoring this that means the culprits free again for future such instances which i want to protest. Hence sought opininon from experts. I now reach to conclusion that I must file writ of Mandamus in High court and hence given such notice to department. thanks a lot for all precious opininos
Guest
(Expert) 29 January 2018
Mr. Kumar,
The more you react, the more they adversely respond to your reactions through one or the other tactics of theirs. Unless you have sufficient solid evidence to prove about your harassment even your mandamus in HC may not be frutiful, as being in authoritative position that can fabricate anything to prove that every action of theirs was in the interest of service.
So, better keep quiet for at least 3-4 years, they will subside thinking as if enough lessons have been given to you. In the meanwhile continue to collect evidence against the authorities whom you doubt to be doing irregularities, as against prescribed rules and find some good opportunity to implicate them in some vigilance case, rather than resorting to court cases.
Please be aware, as a subordinate employee, you cannot gain anything through court cases. This aspect, you may perhaps not understand today, but ultimately would realise that and be able to do nothing except to repent on your sentimental approach to litigation.
Rest depends upon your own wisdom.
Sudhir Kumar, Advocate
(Expert) 29 January 2018
Agreeing with Mr Dhingra I will add that you can fight from pillar to post to just ensure that the concerned persons are given a warning (non-recordable) . You can compel deptt through Writ Mandamus that action be taken against them but you cannot compel what punishment should be given to them.
