2020 (11) TMI 1107

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.... 2020 before the Central Administrative Tribunal at Chennai, challenging the order of his transfer, dated 04.03.2020, passed by the 2nd respondent, and pending disposal of the same, prayed for interim relief. The Central Administrative Tribunal at Chennai ("the Tribunal" for brevity), vide impugned order dated 18.03.2020, having found that the order of transfer came to be passed in the public interest and despite the fact that the petitioner/original applicant alleged mala fide, there was no reason to show that the impugned order of transfer was issued with ulterior motive, has declined the grant of interim orders, as no prima facie case has been made out. The petitioner, challenging the legality of the order passed by the Tribunal in decli....

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....station for very many years, they have been accommodated, and as such, there cannot be any impediment to retain the petitioner at Chennai and allow him to perform his judicial functions through video conferencing. It is also the submission of the learned counsel appearing for the petitioner that the Tribunal at Jabalpur is also lacking basic infrastructure and necessities, and as such, it may be difficult for him to discharge his functions and on that ground also, prays for his retention at Chennai. 5. Per contra, Mr.R.Sankara Narayanan, learned Additional Solicitor General of India, assisted by Mr.K.Srinivasamurthy, learned Senior Panel Counsel for Central Government, has drawn the attention of this Court to the counter affidavit filed ....

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....rned Additional Solicitor General of India that the petitioner had served places in and around Chennai for quite number of years and insofar as the present posting is concerned, he has joined the Chennai Bench on 26.03.2015, and admittedly, completed five years, and before effecting his transfer, he was given the choice of posting, despite that, he had chosen to stay at Chennai only, and taking into consideration all the facts and the exigencies of service and requirements, he has been transferred to the Income Tax Appellate Tribunal, Jabalpur Bench, and that apart, the Accountant Member has also been transferred to the said place, and it also the submission of the learned Additional Solicitor General of India that the petitioner, while ser....