The transfer of a government employee is an administrative matter, and courts generally do not interfere unless the transfer is shown to be mala fide or punitive.

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 being No. 872 dated 02.11.2022 being annexure A-1 of this O.A., by which your applicant has been transferred from the office of Chief Engineer, APWD, Port Blair to the office of the Executive Engineer, CD-I, APWD, Rangat, which is utter violation of the transfer policy;

b) To quash and/or set aside the impugned office order No. 1497 dated 27.03.2023 being annexure A-6 of this O.A. which has been issued without considering the representation preferred by the applicant against the order of transfer which is also violation of their own transfer policy;

c) To declare the on the ground of children education who is reading in Class-XII and in a mid education session, your applicant is entitled to get posting at Port Blair and also on the spouse ground, he is entitled to get posting at Port Blair for taking care of his son who is in final year of Class-XII by setting aside and quashing the impugned order of transfer dated 02.11.2022 being annexure A-1 of this O.A. as well as the impugned order being No. 1497 dated 27.03.2023 being annexure A-6 of this O.A..

d) Costs;

e) Any other relief or reliefs as Your Lordship may deem fit and proper.”

3. The applicant has filed this Original Application since he is aggrieved with the Order No. 872 dated 02.11.2022 of the Chief Engineer, APWD, Port Blair whereby he has been transferred from the office of Chief Engineer, APWD Port Blair to the office of the Executive Engineer, CD –I; APWD, Rangat. When this matter was heard at admission stage on 31/03/2023, this Tribunal had directed the respondents to “maintain status quo, as of today, qua the applicant till the next date of listing.” This interim order has been extended by this Tribunal from time to time and is continuing till date.

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

5. At hearing, Ld. Counsel for the applicant, at the outset, submitted that the matter be placed before the Division Bench of this Tribunal sitting in circuit at Port Blair, in the month of July 2025, for hearing in terms of Appendix VIII of the order of the Hon’ble Chairman of Central Administrative Tribunal. Ld. Counsel for the Respondent, however, strongly opposed the submission made by the Ld. Counsel for the applicant and submitted that the interim order passed on 31.03.2023 is still continuing and that the matter has been pending for disposal for the last two years. Ld. Counsel for the Respondents also submitted that although there were multiple sittings of the Circuit Bench at Port Blair, the applicant had never prayed that the matter be placed before the Circuit Bench for hearing. He also submitted that the applicant has been adopting dilatory tactics to delay the hearing of the matter.

It is noted that when the matter was heard by this Tribunal on 05/07/2024, the Tribunal had ordered, inter alia, as below:

“Dr. D. Chowdhury, learned counsel for the respondens submits that they have filed the reply. According to him, the impugned transfer order dated 02.11.2022 is just and proper in terms of the recommendation of the Establishment Board meeting dated 28.10.2022 and denied the claim of the applicant. It is submitted that the representation of the applicant dated 03.11.2022 was conside