The present writ petition is preferred by N.R.S.Ganesan, Accountant Member of the ITAT, against the interim order declining the grant of interim stay of operation of the order of transfer.

The Court held that a perusal of the impugned order would disclose that the Tribunal has exercised its discretion in a fair and proper manner.

The materials placed before this Court would prima facie disclose that the petitioner had served in and around Chennai for quite numbers of years and insofar as his present posting is concerned, he was posted at Chennai on 26.03.2015, and before the impugned order, he has served in the place for five years.

It was stated that though the learned counsel appearing for the petitioner made an attempt to canvass the merits of his case which is pending before the Tribunal, the 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 O.A.No.317 of 2020.

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 Constitution of India, cannot interfere with the same.