IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4509 of 2009 Bhola Prasad Son of Nokhelal Resident of Mohalla- Larkania Tola, P.S. Katihar, District- Katihar …..Petitioner Versus 1. The Union of India, through General Manager, N.F. Railway, Maligaon, Guwahati 11, Assam. 2. The Chief Commercial Manager, E.C. Railway, Hajipur. 3. The Senior Divisional Commercial Manager, N. F. Railway, Katihar Division, Katihar. 4. The Divisional Railway Manager, N.F. Railway, Katihar. …..Respondents ----------- For the petitioner : Mr. Ajit Kumar Singh, Advocate. For the respondents : Mr. Anil Singh, Advocate. ----------- 2/ 13.04.2009 Heard learned counsel for the parties. The writ petitioner is a T.T.I. in the North Frontier Railway. He was chargesheeted. The article of charges is as follows : “Sri Bhola Prasad, TTI/KIR while performing duty on 06.09.2007 by train No.5610 failed to maintain absolute integrity and devotion to duty in as much as a preventive check was conducted by train No.5610 up on 06.09.2007 Ex. BOE just before the departure of the Train from BOE Sri Bhola Prasad, TTI/KIR was found proceeding towards GS coach and collecting money from the passengers. It was known from him that he was deputed to man the sleeper Coach S/1, S/2 and S/3 he was advised to come along with the V/team for checking his coach and cash. When the train started he was directed to get in S/1 coach which was near but he did not do so. Mean while the train was picking up high speed and V/team somehow managed to get in a coach behind Sri Bhola Prasad in Coach No.S/4 which was attached to Pantry car. Suddenly Sri Bhola Prasad attempted to run away and throw away his money. But V/1 Team managed to prevent him from doing so and he was asked to come in the Manager’s cabin of Pantry car to initiate checking his Govt. cash and P/cash after blocking his EFT. But, he started behaving abnormally and created havoc by shouting and pretended to be attacked by unknown person and seeking help from the passengers in the Pantry car. As the Pantry car staffs were familiar to V/Team - 2 - they understood the situation. However, V/team tried to check his P/cash and Govt. cash but Shri Prasad, ignoring our advice, fled away from the Pantry car and threw away the money.” The petitioner was suspended pending enquiry. Since the enquiry prolonged, suspension was withdrawn and later on, he was transferred from Katihar to Lumding. The petitioner has challenged the transfer on various grounds. First of all, it is stated that his transfer was malafide as there is no evidence against the petitioner. Apart from the above fact, even before the issuance of transfer order, his Last Pay Certificate was sent to Lumding and his representations were refused to be received by the Katihar Station. It is also stated that in similar cases malafide transfers were stayed by the Tribunal. It appears that the Tribunal has considered the case of the petitioner and refused to interfere in the same. The Tribunal has noticed the decision of the Delhi High Court in the case of Ganesh Din Vs. Union of India (CJP [C] No.6082/05), wherein, it was observed by the Delhi High Court that when allegations of corruption are there, a railway employee can be transferred in the better interest of railway. Hon’ble Supreme Court in the case of Union of India and others Vs. Janardan Debanath and another [2004] 4 SCC 245, has held that transfer order cannot be interfered by the court lightly. It is submitted that the petitioner is on sick leave and is going to be superannuated in the next year. It is further stated that enquiry is pending at Katihar, witnesses are at Katihar, whereas the petitioner has been transferred to Lumding. The enquiry can be conducted at that very place of Katihar and on the date of enquiry he - 3 - can come to the place of enquiry and examine the witnesses and that is not the ground to interfere with the transfer order. We do not find any ground to interfere with the impugned transfer order and the order of Central Administrative Tribunal. Accordingly, the writ petition is dismissed. JA/- (J. B. Koshy, CJ) (Dr. Ravi Ranjan, J.)