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Karge Kamki – Appellant
Versus
Union of India – Respondent
ORDER :
Kalyan Rai Surana, J.
1. The learned counsel for the respondent nos. 2 to 6 has raised an issue of maintainability of the present writ petition as indicated in the order dated 01.07.2021. The learned senior counsel appearing for the respondent no. 7 has also reiterated the same point. Hence, the Court is inclined to hear the learned counsel for the respondent nos. 2 to 6 and learned senior counsel for the respondent no. 7 first, having raised the preliminary issue on maintainability.
2. Heard Mr. K.N. Choudhury, learned senior counsel appearing on instructions for the respondent no. 7 and Mr. C. Baruah, learned standing counsel for respondent nos. 2 to 6. Mr. S.S. Roy, learned CGC appearing for respondent no. 1 is present. Also heard Mr. C.P. Sharma, learned senior counsel, assisted by Mr. R. Phukan, learned counsel for the petitioner.
3. The learned senior counsel for the respondent no. 7 has submitted that the petitioner is an officer of the respondent no. 2. By referring to Appendix-VI of the Administrative Tribunals Act, 1985 as amended, it is submitted that the said appendix is under Rule 154(b) of the Central Administrative Tribunal Rules of Practice, 1993, which provides
Administrative transfers cannot be interfered with unless proved arbitrary or mala fide, upholding principles of administrative discretion.
The judgment emphasized the need for clarifying the territorial jurisdiction of High Courts under Article 226(2) in relation to challenges against orders passed by the Chairman, CAT, Principal Bench,....
The transfer of employees is considered an administrative matter subject to limited judicial review; only valid grounds, such as mala fides or violations of statutory provisions, warrant interference....
Transfer orders made in the interest of administrative exigency are generally not subject to judicial interference unless proven to be mala fide or in violation of statutory provisions.
Power of judicial review of an order transferring an Original Application pending before a Bench of Tribunal to another Bench under Section 25 of Administrative Tribunals Act, 1985 can be judicially ....
The High Court maintains limited supervisory jurisdiction under Article 227, primarily to address grave derelictions from subordinate tribunals and not to substitute its own decisions on administrati....
Transfer of government employees is an administrative prerogative; courts will only intervene in cases of malafides or statutory violations.
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