Transfers in government service are lawful when justified by administrative needs and cannot be challenged unless proven to be malicious or in violation of statutory provisions.

ORDER

Aggrieved by the impugned transfer Order dated 12.10.2023, the applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 and claimed the following reliefs :

“8(a). To quash and set dated 12.10.2023 (Annexure A1). Transferring the applicant from Nagpur Division to Kachewani (near Adani Power Plant) and direct the respondent to retain the applicant at Nagpur Division/District where he can get proper Medical Treatment in the interest of justice.

8(b). Any other relief which this Hon’ble Court deems fit and proper under the facts and circumstances of the case including cost of OA.”

2. The brief facts as stated by the applicant in the OA are that the applicant while working as Chief Booking Supervisor (CC) under SM/NITR/Booking Office Nagpur Division, Itwari was served with Transfer Order dated 12.10.2023 by which he has been transferred from Nagpur Division to Kachewani District Gondia which is 150 kms away from Nagpur and is a remote area.

2(a). It has been averred that the applicant is unmarried and aged 40 years. He is suffering from various ailments and undergoing treatment at Nagpur Railway Hospital and Under a Specialist. He is chronic patient suffering due to Chronic Pancreatitis, Diabetes, Night Blindness, Schizophrenia, Stool Frequency, Acute Kidney Injury, Chronic Liver diseases etc. He has been transferred to Kachewani (District Gondia) where there is no specialized hospital. Therefore, it would not be in interest of the applicant to go to such a remote area where he would not be able to get proper treatment.

2(b). He submitted that he has moved complaint against one of his Senior Avinash Kumar Anand and Priti Singh. Transfer order of Shri Avinash Kumar Anand has taken place vide letter dated 07.07.2023. He submitted that even though Shri Anand Kumar was transferred to Raipur Division, he again got posted in other Division at Nagpur vide order dated 23.08.2023. It is averred that the transfer is due to efforts of Shri Anand Kumar as such the applicant is being punished for being whistle blower.

2(c). It has been averred that in the impugned transfer order, four officers are transferred on administrative ground and other remaining are on their own request. He submits that the officer at Sl.No.4 is transferred to Kanhan which is within 20 kms away from Nagpur. Thus, the impugned order suffers from bias and discrimination and hence, liable to be set aside.

2(d). The applicant further submitted that he belongs to the SC/ST Category and, therefore, as per the Master Circular he should not be frequently transferred. It is contended that if has to be transferred, his transfer should be confined to the District or adjoining District where the Railway can provide quarter. It is averred that the respondents’ authorities have failed to establish administrative exigency. The impugned order is without any cogent reason of administrative exigency and it constitutes malice in law, hence, liable to be set aside.

3. On notice, the respondents have filed their reply and denied all the adverse allegations and averments made by the respondents as nothing but intentional tactics of applicant in order to create hurdle to carry out his transfer. The applicant made representation against the transfer order which was decided by the respondents on 20.11.2023 informing him that “your transfer order issued on 12.10.2023 is proper and purely on administrative ground and as per extent rules, and there is no mala fide intention of Administration”.

3(a). It has been submitted that due to wrong working of the applicant, a major penalty of removal from Railway service without any compassi