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DELHI HIGH COURT
RAJIV SHAKDHER, TALWANT SINGH
State of West Bengal – Appellant
Versus
Reena Joshi – Respondent
| Table of Content |
|---|
| 1. eligibility for inter-cadre transfer under ias rules. (Para 2 , 3 , 4) |
| 2. judicial discretion on interference with tribunal orders. (Para 5 , 6) |
| 3. requirement of relevant material for valid refusal. (Para 7) |
| 4. dismissal of writ petition due to lack of merit. (Para 8) |
| 5. formal dismissal of the petition and closure of pending applications. (Para 9) |
JUDGMENT
Rajiv Shakdher, J. (Oral)
[Court hearing convened via video-conferencing on account of COVID-19]
CM No. 28619-20/2021
1. Allowed, subject to just exceptions.
W.P.(C) 9190/2021 & CM No.28618/2021 [Application filed on behalf of the petitioner seeking stay on the operation of the impugned order, dated 22.07.2021]
2. This writ petition is directed against the order dated 22.07.2021, passed by the Central Administrative Tribunal (in short "the Tribunal") in OA No.885/2021.
2.1. The operative directions are contained in paragraph 8 of the impugned order of the Tribunal. For the sake of convenience, the same is extracted hereunder:
"8. Having regard to the facts and circumstances, we allow the OA and set aside the order dated 30.11.2016. We grant time of six weeks to the State of West Bengal to pass necessary order
Court requires substantiated grounds for denying inter-cadre transfer requests based on officer shortages, aligning with administrative rules.
The court mandated timely administrative reviews for inter-cadre transfers, emphasizing that undue delays warrant judicial intervention and recognizing the right to fair administrative processes.
Point of Law : Inter cadre transfer – Marital grounds - when the State unreasonably denies a request of an employee seeking inter-cadre transfer, it impinges upon such person’s right to demand respec....
The court affirmed that a State's refusal to grant a no-objection for inter-cadre transfers must be based on cogent reasons and not unsupported claims, recognizing the significance of family rights u....
Inaction by parent cadre on inter-cadre transfer request for spouse co-location, despite receiving cadre consent, is unjustified; officer shortage not valid to delay indefinitely; time-bound NOC, tra....
Inter-cadre transfers based on marital grounds should be prioritized, and administrative reasons like officer shortages cannot justify denials, divesting officers of family rights.
The court emphasized the necessity for the State to comply with established precedents regarding cadre transfers, mandating the issuance of a No Objection Certificate for the respondent.
The authority over inter-cadre deputation and its duration exclusively resides with the Central Government, and deviations without proper statutory sanction can lead to administrative penalties.
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