The Tribunal's review power is limited to errors apparent on the record; new facts must be presented for reconsideration.

Headnote:(A) Administrative Tribunals Act, 1985 - Section 22(3)(f) - Review Application - The applicant sought a review of the Tribunal's order regarding inter-railway transfer on spouse grounds, arguing that the respondents did not contest the applicability of the Railway Board circular dated 02.02.2010. The Tribunal found that the applicant's claims lacked merit as no new facts were presented that warranted reconsideration. (Paras 1, 3, 4, 5)

(B) Review Scope - The Tribunal's power to review is limited to errors apparent on the face of the record and does not extend to re-evaluating previously considered facts or arguments. (Paras 4, 5)

Facts of the case:
The applicant, a railway employee, sought transfer based on spouse grounds, citing the Railway Board circular, but faced procedural issues due to the expiration of a necessary NOC.

Findings of Court:
The Tribunal directed the respondents to revalidate the NOC within four weeks and relieve the applicant for transfer.

Issues: The main issues included the applicability of the Railway Board circular and whether new facts justified a review.

Ratio Decidendi: The Tribunal ruled that the review application did not present new facts and reaffirmed the limited scope of review under the Administrative Tribunals Act.

Result: Review Application dismissed.

ORDER (By Circulation)

Per : Hon’ble Dr. Hukum Singh Meena, Member (A)

1. Aggrieved by the order of this Tribunal in OA No. 34/2024 passed on 10.12.2024, the applicant in the said OA has filed the present Review Application mainly on the ground that the respondents have not taken any plea in their reply that the Para 3(e) of the Railway Board circular dated 02.02.2010 is not applicable to the case of the applicant. Whereas, in the appointment letter issued by the Ministry of Railways it was clearly mentioned that the applicant can be transferred anywhere in India. It is apt to mention that the Central Government employee can be transferred anywhere in India. The applicant also relied upon the order of this Tribunal dated 20.10.2023 in OA 48/2023 for the transfer on spouse grounds, relevant portion of the said order reads as under:-

2. The applicant is presently posted as Fitter-III in the office of SSE (C&W)-(BG) in the Ahmedabad Railway Division. He had applied for inter-railway transfer on spouse ground as per the procedure.

8. There are instructions about transfer on spouse grounds. The argument like the desired place is 211 Kms away from where the spouse is working does not appear to be a valid argument because when there were no vacancies in Jaipur Division, the applicant applied in one below category for transfer on spouse ground. Thus, the extant instructions in RBE No.23/2010 dated 02.02.2010 (Annexure R/4) do not seen to have been acted upon in letter and spirit. In his despuation to get transferred on spouse ground, the applicant had requested for transfer to Ajmer Division. 9. However, there is a procedural difficulty due to expiration of the NOC dated 16.06.2022 which, the records before us show, is largely due to inaction of the respondents. This is after all a procedural requirement and the receiving railway (Ajmer Division in this case) may be requested to revalidate it, should it still be required. Upon receipt of revalidation of the NOC, the applicant should be relieved. His relieving should not be withheld any further keeping in view the various instructions of RBE quoted above. In view of the factual matrix obtaining from submissions and exposition above, we direct the respondents to get the NOC revalidated within a period of four weeks from the date of receipt of copy of this order and thereafter relieve him immediately so as to enable him to join the receiving railway (Ajmer in this case). No order as to cost.

2. The review applicant has prayed as under:-

“(a) To admit this application;

(b) To recall the order dated 10.12.2024 passed in O.A. No. 34 of 2024 and review the same in the facts narrated herein above and be pleased to quash and set aside the order dated 10.12.2024 (Annexure R/1) and pass appropriate order, in the interest of justice;

(c) Any other order thought fit be passed;”

3. In the original application, the applicant has sought relief for Inter Railway Transfer on the basis of spouse ground and prayed that his wife is working as an Anganwadi Assistant in the Government of Rajasthan. Therefore, in light of Railway Board’s circular dated 02.02.2010 more particularly Para 3(e) his prayer for Inter Railway Transfer from Western Railway to North Western Railway in the Jaipur Divison may be accepted.

3.1 The contentions of the applicant in OA.34/2024 has been mentioned and discussed from para 3 to 9 and response of respondents has been mentioned and discussed in para 10 of the said order dated 10.12.2024. Learned counsel for both the parties were heard at length and details of their respective submissions is mentioned in para 12 & 13.

3.2 Further in para 14 various options available with reference to the Inter Railway Transfer are discussed, especially Para 3(e) of Railway Board Circular dated 02.02.2010 is discussed in detail.

The operative portion of the order passed in OA.34/2024 dated 10.12.2024 is reproduced herein below:-

“14. After hearing learned counsel for both the parties and perusal of the contextu

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