Ntpc Executives Federation Of India (Nefi) v. Ntpc Ltd.

$~A-1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5715/2020 and CM 21544/2020 and CM 20662/2020 NTPC EXECUTIVES FEDERATION OF INDIA (NEFI) ..... Petitioner Through: Mr. Dayan Krishnan, Sr. Advocate with Mr. Achal Gupta, Ms. Annie Rais and Mr. Sukrit, Advocates versus NTPC LTD.

..... Respondent Through: Mr. Tushar Mehta, learned Solicitor General with Mr. Puneet Taneja and Mr.

Manmohan Singh Narula, Advocates

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 03.09.2020 Hearing has been conducted through Video Conferencing. Present petition has been filed by the NTPC Executives Federation of India, a Society registered under the Societies Registration Act, assailing the Transfer Orders dated 14.08.2020 and Release Orders dated 19.08.2020, passed against the Secretary General and Chairman of the Petitioner Society. Mr. Tushar Mehta, Learned Solicitor General of India, appearing on behalf of the Respondent, raises a preliminary objection to the maintainability of the petition. It is argued that it is not open to the Petitioner Society to challenge the transfer orders impugned herein as these are administrative orders, transferring the concerned employees, in their individual capacity. This is purely a service matter and only the affected

individuals can assail the transfer orders, in case they are so aggrieved. Faced with this, Mr. Dayan Krishnan Learned Senior Counsel appearing for the Petitioner, on instructions, seeks to withdraw the present petition, with liberty to the affected office bearers, against whom the transfer orders have been issued, to assail the same in accordance with law. Petition along with the applications is accordingly disposed of as withdrawn with liberty, as prayed.

Liberty is also granted to the present Petitioner to implead itself, if a petition is filed, if otherwise permissible in law. JYOTI SINGH, J SEPTEMBER 3, 2020 yg