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ANOOP KUMAR MENDIRATTA, V. KAMESWAR RAO
Union of India The General Manager – Appellant
Versus
P. K. Tomar – Respondent
JUDGMENT
V. KAMESWAR RAO, J. (Oral)
CM APPL. 48002/2023
Exemption allowed subject to all just exceptions.
Application stands disposed of.
W.P.(C) 12216/2023
1. The challenge in this petition is to a judgment/order dated July 6, 2023 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (`Tribunal', for short) in OA 1381/2023, whereby the Tribunal has allowed the OA filed by the respondent herein by stating in paragraphs 5 & 6 as under:
"5. ANALYSIS:
5.1 The impugned order dated 04.05.2023, for the sake of brevity is re-produced as under:
"Sh. P.K.Tomar S/O Sh. R.S.Tomar working as SSE/ACSP/DLI in 1-7 (PF No.50302863340) is transferred from Delhi Division to Moradabad Division along with post on administrative ground with immediate effect under GM(P) Letter No.752E/160/GS/E-II/A/PT-III dated 25.05.2017. Hence, the above employee may be spared and directed to this office for further sparing to Moradabad Division. Northern Railway, along with leave account duly completed in all respect with six passport size photograph.
This has approval of competent authority."
5.2 The Office Order dated 25.05.2017 vide which the applicant has been ordered to be transferred from Delhi Divisi
The central legal point established in the judgment is that the applicability of specific circulars and the justification for employee transfers must align with the circumstances and provisions outli....
Transfer on administrative grounds valid incident of service if by competent authority, not vitiated by mala fides or statutory violations.
The court ruled that transfer orders are administrative decisions and can only be interfered with if proven mala fide or in violation of statutory provisions.
Transfer of Group 'A' railway officers in administrative interest upheld; no absolute right to spouse posting, Placement Committee approval not mandatory, mid-session/child grounds exhaustible, SC po....
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