Through Video Conferencing:

Heard both the counsel.

2.    The case is regarding transfer of the applicant on 9.2.2021 from National Institute of Nutrition to the new institute of National Animal Resource Facility for Biomedical Research Authority (NARF-BR) created on 3.12.2015.  The applicant states that 11 employees were transferred in October 2018, and only 3 employees joined.  The  other contentions of the applicant are that he and his wife suffered from covid, being a technical person  he was posted to an administrative post and the new office is at a distance of 70 KM. Applicant was ordered to be relieved on 10.2.2021 but he has not handed over the No due certificate.

3.   However, Mr.Ajay Kumar, learned counsel representing Mr. B. N. Sharma, learned Standing Counsel while taking notice on behalf of the respondents submitted that on 11.02.2021, the applicant has submitted ‘No due Certificate’ before filing the OA. The new office is only at a distance of 25 KM from the residence of the applicant. In the later years, many have joined the new office and the fact of only 3 employees joined relates to the year 2018.

4.    After hearing both the sides and considering the facts stated, we are constrained to decline the interim order sought for.

5.    Respondents are directed to file a quick  reply  to adjudicate the OA.

6.    List the case on 18.03.2021 before the Bench.