Full Judgment
Counsel for the applicant and Mr. G. Jaya Prakash Babu, Ld. Counsel appearing for the respondents.
2. The applicant while working as S.P.M., Ananthapur has been transferred to BCR PA, Ananthapur H.O. vide order of transfer bearing No. B3/Post/Tfrs dated 18.10.2006. Being aggrieved by the said order, the applicant had earlier approached this Tribunal by filing O.A. No.623 of 2006 and this Tribunals finds that against the said order of transfer, the applicant wants to submit a representation expressing his problem and requesting for cancellation of the order of transfer and, therefore, this Tribunal disposed of the said O.A. at the stage of admission by directing the applicant to submit his representation and the respondents were directed to consider the said representation and pass appropriate order within a period of one month from the date of receipt of representation from the applicant. The respondents were directed to maintain status-quo as on date till such time the representation is disposed of.
3. Pursuant to the said order of the Tribunal, the respondents have disposed of the representation submitted by the applicant by a speaking order rejecting the request of the applicant vide order dated 21.11.2006. The applicant submitted another representation, which has aslo been disposed of by a speaking order dated 19.1.2007 which is annexed as Annexure A/1 to the O.A. Questioning the said two (2) orders i.e. dated 21.11.2006 and 19.1.2007 (Annexures -I & II), the applicant has once again approached this Tribunal seeking for setting aside the orders impugned herein by declaring the same as arbitrary, illegal and consequently direct the respondents to retain him in the present post till the completion of his tenure in the interest of justice.
4. Respondents have contested the application by filing counter reply.
No rejoinder has been filed by the applicant refuting the contentions raised by the respondents in their counter reply.
5. On a plain reading of the impugned orders dated 21.11.2006 and, particularly, the speaking order dated 19.1.2007, it is found that considering the mistakes committed by the applicant while performing his duties, respondents found that it would be justified if the applicant is posted to Ananthapur H.O. as BCR PA. I have also noted that the applicant has been given personal hearing when he has admitted that he had committed the mistakes pointed out by the SPOs. He has also admitted that he had not posted S.O account for nearly 2 months. The concerned authority therefore found that due to lack of operative knowledge, the applicant failed to perform his duties properly and therefore he has been posted to Ananthapur H.O. as BCR PA.6. In view of the above findings, I do not want to interfere with the order passed by the competent authority. Therefore, the applicant is not entitled to the relief as prayed for by him in this O.A. I do not find any merit in this O.A. and the same is dismissed being devoid of merit. There shall be no order as to costs.