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TMI Blog2020 (11) TMI 1107X X X X Extracts X X X X X X X X Extracts X X X X ..... ore the impugned order, he has served in the place for five years. Though the learned counsel appearing for the petitioner made an attempt to canvass the merits of his case which is pending before the Tribunal, this Court is not inclined to it for the reason that any finding/observation given in this writ petition may affect his case pending before the Central Administrative Tribunal. In the light of the well settled legal position as enunciated in various pronouncements of the Hon'ble Supreme Court and that apart, the Tribunal has also exercised its discretion in a fair and proper manner in declining to grant interim stay of operation of the order of transfer, this Court, in exercise of its jurisdiction under Article 226 of the Cons ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion the plea made by the petitioner that he is looking after his mentally ill brother and also further taking into consideration the pendency of his representation dated 04.03.2020 before the 2nd respondent for removal of the order of transfer, permitted him to discharge his duties as Member-Judicial, Jabalpur Bench, by conducting proceedings through video conferencing, and directed the listing of the matter, and accordingly, the matter is listed today. 4. The petitioner, at the time of transfer, was functioning as Member-Judicial in Income Tax Appellate Tribunal at Chennai Bench. The primordial submission made by the learned counsel appearing for the petitioner, by drawing the attention of this Court to Page No. 19 of the main Typed Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 03.2020, submitted by the petitioner, and rejected the same, vide communication dated 07.08.2020. The learned Additional Solicitor General of India has drawn the attention of this Court to Para No.7 of the counter affidavit filed on behalf of the 2nd respondent, which speaks about the places in which the petitioner had discharged his duties as Member-Judicial and it is relevant to extract the same: Period Details Remarks 19.04.2001 to 19.06.2001 Petitioner appointed sent to Kolkata for training 19.06.2001 to 19.11.2001 Posted to Guwahati 19.11.2001 to 02. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ur 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 serving in other places, admittedly took his brother who is mentally ill, and therefore, it cannot be said as a ground for his retention at Chennai, and would further add that it is also well settled legal position that the order of transfer can be challenged only on two grounds, viz., punitive and mala fide, and at the case on hand, none of them has been made out by the petitioner, and prays for dismissal of the writ petition with exemplary costs. 7. This Court has carefully considered the rival submissions and also perused the materials pl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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