Published On: Sun, Feb 8th, 2015

CAT stays transfer of AIIMS staffer, says action ‘punitive’

New Delhi: The Central Administrative Tribunal (CAT) has quashed the transfer order of a technical staffer of AIIMS, saying the move was purely a “punitive action to get rid of him from present place of posting on extraneous consideration”.

AIIMS Director Prof M C Misra

AIIMS Director Prof M C Misra

The tribunal bench, presided by its judicial member G George Paracken, dismissed the order passed by AIIMS last year through which Technical Officer (Laboratory), Ramji Rai, was transferred to the Comprehensive Rural Health Services (CRHS) Project, Ballabgarh, in Haryana’s Faridabad.

“In this case, from the reply of the respondents (AIIMS and its officials) it is very clear that the reasons for his transfer are neither public interest nor any administrative exigencies.

“On the other hand, it is purely a punitive action to get rid of him (Rai) from present place of posting on extraneous consideration. The mala fide on the part of the respondents is writ large,” the bench said, setting aside the transfer order.

Rai, 48, had told the tribunal that the transfer order was passed against him due to personal enmity. In October, 2013, there was a sting operation and to save her skin, the Laboratory Medicine’s faculty-in-charge had made the allegations against him, adding that since then he was facing harassment in one way or the other.

Thereafter, the faculty-in-charge pressured the higher authorities and got him transferred to the CRHS Project, he said, adding that after no action was taken on his representations against the order, he approached the tribunal.

He had also claimed there was no such post as Technical Officer (Laboratory) in the CRHS Project at Ballabgarh, where he was transferred, and that there was no precedent of posting any Technical Officer to the project.

AIIMS, however, had denied the allegations and said that the power of transfer of employees of the institute was vested with the director.


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