Regarding transfer to a lower post
malashree
(Querist) 27 November 2009
This query is : Resolved
In one of the Central Para-military Organization one official holding the rank of Inspector(Steno) Grade.II Group 'B' Non-Gazetted transfer prematurely to a lower post of Asstt.Sub-Inspector(Steno) Grade.III without his consent. The official's request to consider him to his appropriate post has been turned down and he has not option left except to seek justice from the court of law. Please clarify the following:-
1. Whether above said organization can transfer an official two ranks below his rank without his consent without valid grounds.
2. High Court and Supreme Court Judgements in this regard.
A V Vishal
(Expert) 27 November 2009
What are the reasons mentioned in the demotion order.
malashree
(Querist) 27 November 2009
The reasons not mentioned in the order,but later on organization mentioned administrative reasons. In this connection, it is also submitted that the official after completion of more than 4 years tenure of North East had joined in delhi and within a period of ll months tfd. him to a lower post to adjust their own person.
dhiraj choudhary
(Expert) 27 November 2009
seems that some kind of punishment has been imposed upon u by way of aforesaid demotion order.challenge it before the court on the ground that it has been passed in mechanical manner,without application of mind n in violation of principles of natural justice coz any order which affects the right of a person should be passed only after affording him an oppurnity of being herd. plz. c that wheter the officer who has passed the order is competent to do that r not?
niranjan
(Expert) 27 November 2009
Ypu should go to CAT.
malashree
(Querist) 29 November 2009
The approval of the competent transferring has been obtained, but it is not acceptable to me as neither the department has asked my willingness before deciding posting to a lower post nor any lapses committed on my part. Moreover, I have been transferred within one year debarring me to complete posting of 4 years. Please advise me if any Hight Court or Hon'ble Supreme Court judgement is available in my case.
