The court upheld that transfer orders are administrative matters, not subject to judicial interference unless shown to be arbitrary or made with mala fides.

CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH, KOLKATA No. O.A. 350/00063/2022 Heard on 19.05.2025 Date of order: 22.05.2025 Present : Hon’ble Mr. Anindo Majumdar, Administrative Member SHRI RUPAM SEN, Son of Late Prohlad Chandra Sen, aged about 53 years, residing at 75, Lalababu Sayar Road, Bally (M), Belur Math, District-Howrah-711202 and at present working to the post of Sr. Divisional Accounts Officer (Grade-I) posted at in the office of the Executive Engineer-I, Lower Damodar Irrigation Division, Singur, Hooghly-712409 under the supervision and control of the Principal Accountant General (A&E), West Bengal, Treasury Buildings, 2, Government Place (West), Kolkata-700001;

…….. Applicant. - V E R S U S –

1. UNION OF INDIA service through the Comptroller and Auditor General of India, Indian Audit and Accounts Department, Pocket 9, Deen Dayal Upadhyaya Marg, New Delhi-

110124.

2. THE COMPTROLLER AND AUDITOR GENERAL OF INDIA, Indian Audit and Accounts Department, Pocket 9, Deen Dayal Upadhyaya Marg, New Delhi-110124.

3. THE PRINCIPAL ACCOUNTANT GENERAL (A&E), West Bengal, Treasury Buildings, 2, Govt. Place (West), Kolkata 700 001;

4. THE DEPUTY ACCOUNTANT GENERAL (A/Cs & VLC) in the office of the Principal Accountant General (A&E), West Bengal, Treasury Building, 2, Govt. Place (West), Kolkata-700001.

5. THE EXECUTIVE ENGINEER-I, Lower Damodar Irrigation Division, Singur, Hooghly-712409.

……. Respondents.

For the Applicant : Mr. P.C. Das, Counsel Ms. T. Maity, Counsel For the Respondents : Mr. S. Basu, Counsel

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 can be 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) To quash and/or set aside the impugned order of transfer dated 23.12.2021 in respect of the applicant only wherein the name of the applicant appeared at Serial No. 32 in the said order of transfer whereby your applicant has been transferred from Lower Damodar Irrigation Division, Singur, Hooghly to Teesta Canal Division No.1 Islampur without routed through a Placement Committee in violation of the judgment and order passed by the Hon'ble Supreme Court in the case of TSR Subramanian and in gross violation of the Office Memo of DOPT dated 30^th September, 2009 and also in utter violation of the office memo 06.08.2021 issued by the Comptroller & Auditor General of India, New Delhi in respect of posting of husband and wife at same station being Annexure A-6 of this original application.

b) To declare that the impugned order of transfer in respect of the applicant is grossly violation of the mandatory Office Memo of DOPT dated 30^th September, 2009 and also in utter violation of the office memo 06.08.2021 issued by the Comptroller & Auditor General of India, New Delhi in respect of posting of husband and wife at same station and also violates the solemn and binding order of the Hon'ble Supreme Court in the case of TSR Subramanian which was not routed through a placement committee. Therefore such order of transfer cannot be sustainable in the eye of law.”

3. The applicant is an employee of the Indian Audit and Accounts Department and is posted as Senior Divisional Accounts Officer in the office of Executive Engineer-I, Lower Damodar Irrigation Division, Singur. He is aggrieve