New Delhi: The Central Administrative
Tribunal has quashed Railway Board`s order transfering a Chief
Engineer with Jammu and Kashmir rail link project saying the
transfer was "motivated" and for "unauthorised purpose".
Brushing aside contention of the Railways that the order
was unquestionable as the power to transfer an employee was
within its discretion, the Tribunal said merely because the
power existed in one authority does not mean that it can cause
transfer even for an "unauthorized purpose".
"From an examination of all the details of the matter, it
is clear that the present transfer order is made under abuse
of discretionary power, without any public purpose and with
ulterior motive," the judicial member K G Suresh said.
The order was passed on a plea of officer A K Verma
challenging his transfer on the ground that it was inspired by
"malafide and ill motive" as he, in his report, had raised
concerns about methodology being adopted for alignment of a
segment of J&K rail link project.
He contended the order was the outcome of malafide on the
part of Member (Enigneering) of Railway Board Rakesh Chopra,
the then Chief Administrative officer of the project, who was
not in agreement with the General Manager with regard to the
feasibility report on alternative alignment submitted by him
which could have save Rs 3,000 crores.
"I declare the impugned order of transfer as illegal,
arbitrary and not in public interest. It is vitiated by malice
and malafides and the same is hereby quashed," the Tribunal