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1994 DIGILAW 485 (SC)

C. G. M. Telecommunication, Patna v. Jagdish Narain Kumar

1994-04-11

M.K.MUKHERJEE, S.C.AGRAWAL

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ORDER : S.C. Agrawal, J. This special leave petition has been filed against the order dated 3-8-1993 passed by the Central Administrative Tribunal, Patna whereby the order dated 13-5-1993 for the transfer of the respondent from the post of the Assistant Accounts Officer from Circle Telecom Store Depot, Patna to Telecom Accounts, Patna has been set aside. 2. The Tribunal has given two reasons for setting aside the said order of transfer (i) it was punitive in nature and (ii) it was not passed by the competent authority as indicated in the office order dated 6-4-1993 which was filed as Annexure 15 to OA No. 213 of 1993. While we are unable to endorse the view of the Tribunal that the transfer order is punitive in nature, we feel that the second ground given by the Tribunal is sustainable. In view of the office order dated 6-4-1993, the transfer of the petitioner was required to be finally approved by the Director Finance & Accounts. Admittedly this has not been done in the present case. In these circumstances, no case is made out for interference with the order passed by the Tribunal. 3. The special leave petition is, therefore, dismissed.