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IN THE HIGH COURT AT CALCUTTA
DEBANGSU BASAK, MD. SHABBAR RASHIDI
Kalyan Pramanik – Appellant
Versus
State Of West Bengal – Respondent
| Table of Content |
|---|
| 1. writ petition against transfer order. (Para 1 , 17 , 18) |
| 2. petitioner alleges financial irregularities and mala fides. (Para 2 , 4 , 10) |
| 3. arguments on the implications of the transfer order. (Para 7 , 8 , 11 , 14) |
| 4. court evaluates legal principles on repatriation. (Para 21 , 22 , 27) |
| 5. decision permits repatriation without stigma. (Para 30 , 32) |
JUDGMENT :
DEBANGSU BASAK, J.
1. The writ petition is directed against an order dated July 30, 2024 passed by the West Bengal Administrative Tribunal in OA 352 of 2024.
2. Being aggrieved by an order of transfer, writ petitioner assailed the same before the Tribunal. Writ petitioner is an employee of the Finance department of the State of West Bengal and presently on deputation with Bally Municipality.
3. By the impugned order, learned Tribunal, directed that the Original Application be placed for hearing on January 7, 2025. Learned Tribunal did not grant any interim relief to the writ petitioner.
4. Being aggrieved by the refusal to grant interim relief writ petitioner filed the present writ petition.
5. In this writ petition, from time to time, co-ordinate Bench passed diverse orders.
6. In the writ petition by CAN 2 of 2025
The court emphasized the need for proper justification in repatriation requests and clarified that speculative fears of disciplinary actions must be addressed through appropriate legal processes.
The court ruled that repatriation during ongoing litigation violates interim orders, necessitating reinstatement.
A deputationist has no vested right to continue on deputation and can be repatriated by following due procedures as per the DOPT guidelines.
Transfers in public service can be made on administrative grounds without detailed justification, provided they do not violate statutory rules or are made in bad faith.
The transfer was not punitive, and the transfer policy did not confer a legally enforceable right.
An employee on deputation is to be repatriated if the borrowing department opts not to absorb them, but personal circumstances must be considered in determining their subsequent posting.
Judicial review of administrative transfers is limited; transfers based on administrative grounds are generally upheld unless shown to be arbitrary or in violation of statutory rules.
Service Law - Post of Presenting Officer – Sought to Direct respondent to continue petitioner on deputation till expiry of this remaining tenure as extended by the Competent Authority with all conseq....
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