Transfer orders are administrative actions and cannot be challenged unless proven to be punitive or made with mala fide intentions.

ORDER

In accordance with the order of the Hon’ble Chairman, CAT, Principal Bench, dated 10.09.2021 issued under Sub -Section (6) of Section 5 of the Administrative Tribunals Act, 1985, this matter has been taken up by a Bench consisting of a single Member. Accordingly, this matter is taken up for disposal by this Single Bench.

2. The applicant has filed this Original Application, seeking the following relief(s):

“A) Office Order being no. 13/MARCH/24/OPTG/E-2 dated 08.03.2024 issued by respondent authorities is not sustainable in the eye of law, and as such the same may be set aside and quashed;

B) To grant all consequential benefits;

C) Exemplary cost to be imposed upon the Disciplinary Authority;

D) Any order and/or orders as the Hon'ble Tribunal may deem fit and proper.”

3. The applicant is an employee of an Eastern Railway and is an Ex- serviceman. At the time of filing this Original Application, the applicant was working as Station Master under Station Superintendent, Akra, Sealdah Division. He was directed vide order on 07.03.2024 issued by the Senior Divisional Personnel Officer, Eastern Railway, Sealdah Division to report to office of the Senior Divisional Personnel Officer, Sealdah Division, Eastern Railway for his further posting. He complied with the said order and was thereafter transferred vide Order dated 08.03.2024 (Annexure A-4) to Malda Division, Eastern Railway as Station Manager (in Level-6). He submitted a representation dated 11.03.2024 addressed to the Principal Chief Personnel Officer, Eastern Railway, and Principal Chief Operations Manager, Eastern Railway, Kolkata seeking cancellation of his transfer order dated 08.03.2024 issued by the Divisional Railway Manager, Sealdah Division. He had also filed a similar representation dated 11.03.2024 to the Divisional Railway Manager, Sealdah Division, Eastern Railway and had submitted another representation dated 13.03.2024 to the Sr. Divisional Personnel Officer, Eastern Railway, Sealdah. Aggrieved by the non-consideration of his representations, the applicant has filed this Original Application. Meanwhile, the applicant has already joined in Malda Division in compliance with the transfer order dated08.03. 2024.

4. Heard the Ld. Counsel for both the sides and considered the material on record.

5. At hearing, Ld. Counsel for the applicant submitted that the transfer order was issued without placing the proposal for the same before the Placement Committee which is required in terms of the judgment of the Hon’ble Apex Court in the matter WP (C) 82 of 2011. Ld. Counsel for the applicant submitted that the impugned transfer order is punitive in nature and is thereafore not legally sustainable law. Ld. Counsel relied upon the order of the Hon’ble Apex Court in the matter of Somesh Tiwari Vs. Union of India &Ors. (AIR 2009 SC 1399).

6. Ld. Counsel for the respondents submitted that the impugned order dated 08.03.2024 was not punitive in nature. He denied all other contentions made by the Ld. Counsel for the applicant as well as made in the pleadings.

7. Ld. Counsel for the respondents further submitted that the applicant reported to Malda Division, Eastern Railway on 01.04.2024 for further posting in Malda Division and that he has been posted at JRLE under Malda Division as Station Master with same pay & capacity, vide Office Order dated 24^th April, 2024.

8. Ld. Counsel for the respondents further submitted that the period from 9^th March, 2024 to 31^st March, 2024 during the applicant was regularised by granting him leave against pay for the said period and that the period from 01 April 2024 to 24 April, 2024 has been treated as waiting for duty.

9. The