Union of India challenged a Central Administrative Tribunal order directing transfer of a Railway employee to South Western Railway division. The Bombay High Court dismissed the writ petition, holding that the apprehension of prejudice was speculative and no prejudice was caused.
Writ petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE
WRIT PETITION NO. 2083 OF 2014
Union of India through General Manager, Central Railway, Mumbai and others. ... Petitioners. V/s. Shri Shylesha MC. ... Respondent.
T.J.Pandian for the petitioners.
Rahul Walia, for the respondent.
CORAM : NARESH H. PATIL AND B.P.COLABAWALLA, JJ.
DATED : 12th September 2014.
P.C. :
Heard.
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the application of the respondent was decided nor any intimation was given to him. Similarly situated person like respondent had approached the Tribunal with identical grievances by filing O.A.No.278/2010. By order dated 28th October 2010, the Tribunal allowed the said application and directed that the said employee be transferred to South Western Railway division.
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(B.P.COLABAWALLA, J.)
(NARESH H. PATIL, J.)
Sanjay Nanoskar, P.S..
3 issues framed by the court
Whether the High Court should allow the transfer petition filed by the Union of India against the Central Administrative Tribunal order directing transfer of the respondent employee.
Whether the delay in filing the application to the Tribunal and the apprehension regarding service conditions of other employees justify setting aside the Tribunal order.
Whether the order of the Central Administrative Tribunal directing transfer of the respondent to South Western Railway division should be complied with.
2 provisions across 2 enactments
Union of India through General Manager, Central Railway, Mumbai and others
Shri Shylesha MC
Naresh H. Patil
B.P. Colabawalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
