Hemanta Abasaheb Mane v. Food Corporation Of India
2020-09-14
ACHINTYA MALLA BUJOR BARUA
body2020
DigiLaw.ai
JUDGMENT Achintya Malla Bujor Barua, J. - Heard Mr. N. Dutta, learned senior counsel for the petitioner. Also heard Mr. P.K. Roy, learned counsel for the respondent Food Corporation of India (FCI). 2. The petitioner who was serving as Assistant General Manager (EM) was transferred and posted as Assistant General Manager (EM) in the Zonal Office (North East) vide Order No.102/2018 dated 05.09.2018. The petitioner accordingly, joined in Zonal Office (North East) on 10.09.2018. 3. Thereafter, the petitioner submitted a representation dated 22.10.2019 making a request that he be transferred back to Mumbai from the North Eastern Region. For the purpose, the petitioner relies upon the Comprehensive Transfer Policy Guidelines as circulated in the circular 12.02.2014. In response to such representation the petitioner was transferred by the order dated 21.10.2019 to R.O Raipur. Being aggrieved, a further representation was submitted on 24.10.2019 and in response thereof, the order dated 30.10.2019 was passed by which the order of transfer to Raipur was cancelled and he was allowed to remain at his original place of posting at Guwahati. 4. In the circumstance, the petitioner submitted a further representation dated 17.02.2020 making a request that he be transferred back to the Zonal Office (West) Mumbai or to RO Maharashtra. The said representation had not been given its consideration. Being aggrieved, this petition has been instituted. As the petitioner is making a claim for a transfer to a place of his choice as provided in Clause 2.6.2 of the Comprehensive Transfer Policy, we are of the view that a legal right is accrued in favour of the petitioner to atleast have a consideration of his representation. 5. Accordingly, the petition is disposed of by directing respondent authorities to give a consideration to the representation dated 17.02.2020 and pass a reasoned order thereof. The requirement be done within a period of 45 days from the date of receipt of the certified copy of the order.