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2008 DIGILAW 958 (PAT)

Pramod Kumar Ojha v. Union Of India

2008-07-16

KISHORE K.MANDAL, R.M.LODHA

body2008
Judgment 1. During the course of the arguments, the counsel for the appellant highlighted some of the hardships that the appellant was likely to suffer due to his transfer to Chennai. 2. In our view, if the appellant feels that by his transfer from Danapur to Chennai he would suffer hardship, it is for him to explain such hardship to the transferring authority so that such authority may consider the hardship objectively. 3. In this view of the matter, we dispose of the appeal by the following order: (i) The appellant shall be at liberty to make a representation to the transferring authority indicating therein the hardship he was likely to suffer due to his transfer from Danapur to Chennai. (ii) We observe that if such representation is made within two weeks from today, the transferring authority shall consider the same in accordance with law keeping in view the fact that the appellant is a constable in the Railway Protection Force. The decision shall be taken by the transferring authority on the representation as early as possible and preferably within two weeks from the date of receipt of representation. The said decision shall also be communicated to the appellant immediately thereafter. (iii) Order accordingly.