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High Court of Punjab and HaryanaCWP/22174/2020disposed of

Rohit v. Union Of India And Others

2021-01-18Mr. Justice Arun Monga2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.22174 of 2020 DATE OF DECISION : 18.01.2021 Rohit

...Petitioner

Versus

Union of India and others

...Respondents

CORAM : HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr. Akshay Chadha, Advocate, for the petitioner.

Mr. Satya Pal Jain, Additional Solicitor General of India with Mr. Namit Kumar, Advocate, for the respondent-UOI.

(Presence marked through video conference).

ARUN MONGA, J. (ORAL) Petitioner herein, inter alia, seeks issuance of a writ in the nature of mandamus directing respondents No. 2 and 3 to relieve the petitioner from current place of posting in terms of the transfer Policy dated 17.01.2019 (Annexure P-12). Further prayer has been made to quash the impugned notice dated 04.12.2020 (Annexure P-11), whereby the transfer has been halted awaiting the outcome of CWP No.14918 of 2020, wherein this Court had ordered to maintain the status quo.

2.

Having heard rival arguments, the instant writ petition is disposed of interms of judgment rendered by a Coordinate Bench of this Court in CWP No.14918 of 2020. The petitioner is also relegated to seek his remedy before the Central Administrative Tribunal. Accordingly, petitioner is at liberty to file fresh case before the Central Administrative Tribunal to seek mitigation of his grievance.

3.

In the meanwhile, petitioner is also at liberty to file a fresh representation before the competent authority seeking his placement at the VIVEK PAHWA 2021.01.19 10:22 I attest to the accuracy and integrity of this document

transferee department/Circle i.e. New Delhi, South West Division,as he contends that the same was duly approved as per Annexure P-10. Andyet, the same was not implemented on the specious plea that present writ petition is pending before this Court.

4.

Since the pending petition is now being disposed of, competent authority is expected to look into the matter afresh and pass appropriate orders, in accordance with law.

5.

It is, however, made clear that all issues raised before this Court are kept open to be decided by Central Administrative Tribunal. January 18, 2021 (ARUN MONGA) vandana JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No VIVEK PAHWA 2021.01.19 10:22 I attest to the accuracy and integrity of this document