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2025 Supreme(Online)(CAT) 6410

CENTRAL ADMINISTRATIVE TRIBUNAL
Suchitto Kumar Das, J
Mohammed Waseem – Appellant
Versus
The Lieutenant Governor, Andaman and Nicobar Islands – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Bharat Bhushan
For the Respondents: Dr. D. Chowdhury

Table of Content
1. transfer of the applicant and procedural context (Para 2 , 3)
2. arguments regarding the nature of transfer (Para 4 , 5)
3. legal reasoning on transfer and administrative discretion (Para 6)
4. conclusion of the case (Para 7)

ORDER 

Hon’ble Suchitto Kumar Das, Administrative Member

The OA was heard by the Division Bench consisting of Hon’ble Smt. Urmita Datta (Sen), Judicial Member and Hon’ble Mr. Anindo Majumdar, Administrative Member on 13.12.2024 and was reserved for final order on the same date.

Hon’ble Member (A) drafted the final order in the matter and put it up for the approval of Hon’ble Member (J). Hon’ble Member (J) differed with the order of Hon’ble Member (A) and recorded her views in a note dated 11.02.2025. The matter was referred to the Hon’ble Chairman, Central Administrative Tribunal with the following note containing the points of disagreement :-

“REFERENCE UNDER SECTION 26 OF THE ADMINISTRATIVE TRIBUNALS ACT, 1985

We, the members of the Kolkata Bench of Central Administrative Tribunal have differed in the order to be passed in OA No. 351/1153/2024 (Mohammed Waseem vs. Andaman & Nicobar Administration and others). We have differed on the following quest

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