Gulshan Kumar vs. Union Of INDIA
Original PDF →Dated this the 26th day of March, 2021 V.G.ARUN, J. The review petitioners were respondents 1 to 8 in O.P.(CAT) No.173 of 2018, which was filed by respondents 1 to 5 herein seeking to set aside Ext.P4 order of the Central Administrative Tribunal, Ernakulam Bench. In Ext.P4, the Tribunal had directed immediate accommodation of 8 of the original applicants, whose names had been forwarded in accordance with the guidelines pertaining to inter-commissionerate transfer issued by the Central Board of Excise and Customs. The judgment sought to be reviewed was rendered, finding that transfer being a condition of service, it is within the power of the employer to take policy decision, either to grant or not to grant inter-commissionerate transfer to its employees and there cannot be judicial review and
R.P.No.768 of 2019 5 interference with such decisions.
Some of the other original applicants [respondents in the O.P.(CAT)] had earlier filed R.P.No.435 of 2019 on similar grounds, as has been raised in this review petition. The grounds raised in that review petition was considered in detail and rejected and the review petition dismissed, vide order dated 01.07.2019. The grounds raised in this review petition being identical, we find no reason to deviate from the decision in R.P.No.435 of 2019. In the result, the review petition is dismissed. C.T.RAVIKUMAR JUDGE V.G.ARUN JUDGE Scl/26.03.2021
Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.