Transfer in railway
A Majumder
(Querist) 13 December 2017
This query is : Resolved
I am working in S.E.Rly./Kolkata as a Jr. Engineer. In the year 2012 CAT, Kolkata issued order regarding my transfer from S.E.Rly to Eastern Rly & directed both the Railways to consider my transfer from SE Rly to Eastern Rly within 3 months. Accordingly Eastern Rly approved my transfer there & wanted from SE Rly in the Yr. 2013 my transfer application form with related documents. Then SE Rly issued a letter to me for submitting the said documents and clearly mentioned in their letter that after submission my said transfer documents will be forwarded to Eastern Rly immediately. But SE Rly did not forward it after submission, rather than they lost my all documents from their custody & asked another set of documents. I again submitted the same, but this time also SE Rly again lost my said documents & thus delayed the case for a long time. Finally SE Rly asked me to submit the said documents once again in the yr. 2016 & soon after submission, SE Rly summarily rejected to forward the same to Eastern Rly due to staff shortage at present. I again filed a case in the CAT/Kolkata & the judgment issued on 17.11.2017 is not clear. It is stated in the judgment that the Hon'ble CAT directed SE Rly to consider my transfer application for transfer to Eastern Rly., but SE Rly already considered my said transfer application & rejected to forward the same to Eastern Rly though they initially agreed to forward it to Eastern Rly. In response to CAT/Kolkata’s aforesaid last judgment, SE Rly now informed that after consideration my transfer document can not be forwarded to Eastern Rly due to staff shortage……..
Q-1) Can any Govt. Authority deny their initial decision just by delaying the case like above?
Q-2) From the above, now it is seen that the initial statement of SE Rly for forwarding my transfer documents to Eastern Rly is not true. Is such false statement of SE Rly authority acceptable in the eye of Law?
Q-3) If so, then in future any Govt. authority can change/alter their decision just by delaying the case anyhow, is it acceptable?
Please advise me what should I do now?
Guest
(Expert) 13 December 2017
Discuss it with a Local Good Senior Advocate specialized in labour matters and he would take care
