It is very unfortunate that my my review petition No.16/20014 in contempt petition No.60/2014 in original application No.319/2013 has been dismissed by the division bench on 04-12-2014 and I have received the order today. The division bench did not agree with the applicant contention that contempt occurred against the order of tribunal simply because respondent have relied solely on the technicality of the tenure of the applicant. It also did not agree with the contention of the applicant that transfer should have been granted at the fag end of his career on the belief of the bench the applicant has no right for consideration for transfer. The bench refused to take cognizance of note files showing the discrimination betrayed by the respondent. It has taken shelter in the order passed by Allahabad bench of C.A.T. in satyapal Singh S/O of Ganga Singh and others vs I.M.G. Khan and others,2013 Indlaw CAT 583 dated 11-06-2013 wherein it has been held that recall application is not maintainable against an order passed in a contempt case decided on merits. The dismissal order is biased one because it has not taken into account the plea made by the applicant holding that invocation of transfer guidelines in my case alone amounts to practicing discrimination against me which is against the fundamental right of equality of opportunity guaranteed under art. 16 of the constitution.The framing of transfer policy leaves no scope for discretion for the head of department for exercise of his powers. Further transfer policy has been approved but not notified for its effect.
Posted on: Wed, 24 Dec 2014 11:43:51 +0000