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2025 Supreme(Online)(CAT) 6191
CENTRAL ADMINISTRATIVE TRIBUNAL
Anindo Majumdar, ACJ
Koushik Sikdar – Appellant
Versus
Union of India – Respondent
O.A/350/963/2023
For the Appellants/Petitioners: Mr. C. Sinha
For the Respondents: Mr. P.N. Sharma
Transfer orders of government employees are administrative actions that should not be interfered with unless shown to be arbitrary or mala fide. Employees have no inherent right to remain at a specific posting.
Headnote:(A) Administrative Tribunals Act, 1985 - Section 19 - Transfer of government servant - The applicant challenged the transfer order from PCA (FYS), Kolkata to Sr. Deputy IFA (Navy), Porbandar, claiming discrimination and illegality in the transfer process - The Tribunal upheld the transfer, highlighting that transfer is an incident of service and must be respected unless shown to be arbitrary or mala fide - The applicant's request for retention at Kolkata was denied based on tenure policy and lack of merit in his claims. (Paras 6, 12-15)
(B) Judicial Review of Administrative Actions - Courts do not interfere with administrative transfer orders unless there are strong grounds of malafide or violation of statutory provisions. (Paras 10-11)
(C) Service Law - Employees have no vested right to remain at a particular posting; transfer is necessary for public interest and efficiency in administration. (Paras 2, 3, 4)
| Table of Content |
|---|
| 1. filing of original application for transfer quash (Para 1 , 2 , 3) |
| 2. court's analysis on transfer policy and authority (Para 4 , 5 , 8 , 9 , 12 , 13 , 14) |
| 3. arguments presented by both parties (Para 6 , 7) |
| 4. judicial stance on transfer orders and employee rights (Para 10 , 11) |
| 5. conclusion on the dismissal of the application (Para 15) |
ORDER.
Per: Mr. Anindo Majumdar, Administrative Member.
1. This matter is taken up by the Single Bench for disposal in accordance with the order of the Chairman, CAT dated 10/9/2021 issued under Sub-Section (6) of SHeoctni’obnle 5 of the Administrative Tribunals Act, 1985, and since no complicated question of law is involved.
2. The applicant has filed this original application since he is aggrieved by the impugned order dated 6/6/2023 whereby he has been transferred from PCA (FYS), Kolkata to Sr. Deputy IFA (Navy) Porbandar. The applicant is presently working as Sr. Accounts Officer at Kolkata under the immediate control of PCA (FYS), Kolkata.
3. The applicant has therefore, filed this original application under Section 19 of the Administrative Tribunals Act 1985, seeking the following relief(s):-
“a) To set aside and quash impugned letter No. AN/11/2153/Trf- Posting/Representation/Vol-VIII/2023/TR- 06 dated 06.06.2023.
b) To set aside and quash impugned letter No. 157/AN-1/218 dated 18.07.2023.
c) To direct the respondents to allow the applicant to continue function as Sr. A.O. at his present place of posting or alternatively transfer and post the applicant at the choice stations given by the applicant vide his representation dated 08.06.2023 and option dated 12.06.2023.
d) Any other order or orders as the Hon’ble Tribunal deems fit and proper”.
4. When the matter was heard by this Tribunal at admission stage on 26/7/2023, this Tribunal, by way of ad interim relief, had directed that “Status quo, qTuhae thsaei dap ipnltiecrainmt aosr odne rt ohdaasy ,b beee nm eaxintetanidneedd tbilyl tthhee nTerxitb duantael ofrfo mhe atirmineg t”o. time and is continuing till date.
5. I have heard Learned Counsel for both sides and have considered the material on record.
6. At hearing, the submissions made by Learned Counsel for the applicant are summarized as below:-
(a) The applicant was initially transferred from Kolkata to Siliguri, vide communication dated 24/6/2022 (Annexure A/1).
(b) The Deputy Comptroller of Accounts (FYS), vide order dated 12/7/2022 (Annexure A/3) directed that certain officials who had been earlier posted vide order dated 24/6/2022 be retained at their present stations till further orders and he requested to provide three fresh choice stations other than falling from the stations under the following organizations of CDA, Patna, PCDACC, Lucknow, PCDA (P), Allahabad and PCDA (SWC), Jaipur by 13/7/2022.
(c) The applicant, had thereafter, submitted a representation dated 13/7/2022 to CGDA, DAD Headquarters, New Delhi through proper channel wherein he submitted the following choice stations of posting:-
| Sl. No. | Choice Stations |
| 1 | KOLKATA (under PCDA BANGALORE) |
| 2 | KOLKATA (under PCDA NAVY, CDA R & D BANGALORE) |
| 3 | KOLKATA (under PCDA AF DEHRADUN) |
(d) The applicant had earlier in his career served in Bangalore for a period of 8 years 7.5 months and in Pune for a period of 3 years 8 months.
(e) The applicant had submitted his options for 03 stations of posting vide his letter dated 13/07/2022 (Annexure A/4).
(f) A fresh transfer order dated was issued by the Sr. ACGDA (Admn) whereby the applicant was transferred from PCA(FYS), Kolkata to the Sr. Deputy IFA (Navy), Porbandar.
(g) Further, the Sr. ACGDA (AN), vide circular dated 6/6/2023 (Annenxure A/6) had invited applications from volunteers for Hard Stations and North-Eastern Regions and Tenure Stations and as per the list attached to the state circular, there were vacancies at Kalaikunda, Kalimpong and Panagarh stations. In response to the said circular, the applicant had submitted his option for posting at Kalimpong, Panagarh and Kalaikunda vide his
