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RAJANI DUBEY, SANJAY KUMAR JAISWAL
Indresh Kumar S/o Rajendra Rai – Appellant
Versus
Union of India through General Manager – Respondent
ORDER :
1. The petitioner has filed the instant petition under Article 226/227 of the Constitution of India being aggrieved by order dated 05.09.2023 (Annexure P/12), whereby the learned Central Administrative Tribunal, Jabalpur (for short ‘the CAT’) rejected the application of petitioner directing the competent authority to reconsider the transfer order of the petitioner dated 10.07.2020 afresh and pass necessary orders in furtherance to the report submitted by the ICC on 03.02.2020, as per law, within a period of 60 days from the date of receipt of a copy of impugned order.
2. Brief facts of the case, as projected by the petitioner are that the petitioner is a physically challenged employee and posted as Superintendent of Railway Bhandar Department Bilaspur (C.G.). He was elected the President of Physically Challenged Employee Association (for short “PCEA”) in the year 2017. The petitioner being President of PCEA initiated several steps for the welfare of physically challenged employees and in order to expose irregularities and corruption of his division, he had filed several application under RTI. The petitioner filed an appeal under RTI (Annexure P/2) and when the information sou
The court upheld the Central Administrative Tribunal's order for reconsideration of a transfer order under statutory provisions, affirming the validity of transfers during inquiry processes.
Courts cannot interfere with transfer orders unless shown to be an outcome of malafide exercise or in violation of statutory provisions prohibiting such transfer.
The main legal point established is that transfer in a transferable job is an exigency of service, and the Courts should not readily interfere with transfer orders made in public interest and for adm....
Burden of proving mala fides in transfer orders is high; transfers made in public interest are generally not subject to judicial intervention unless proven arbitrary.
The transfer was not punitive, and the transfer policy did not confer a legally enforceable right.
Point of Law : Service Law – Charge sheet - At the charge sheet stage, the Court will not go into the correctness of the charges. It is for the Inquiry Officer who has been appointed by the Disciplin....
Judicial review of administrative actions is limited; transfers and suspensions are permissible unless proven to be mala fide or against established guidelines.
Transfer orders in public administration are justified unless proven to be mala fide, unlawful, or against established statutory provisions; no absolute right for an employee to remain in one postal ....
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