Administrative tribunals must consider applicants' medical conditions in transfer orders before finalizing decisions.

Per: Mr. Anindo Majumdar, Member (A)

Heard both the Ld. Counsel.

2. This application has been taken up by the single bench in accordance with the order of the Hon’ble Chairman, Central Administrative Tribunal dated 10.09.2021 issued under Sub- section (6) of Section 5 of the Administrative Tribunals Act , 1985 and since no complicated question of law is involved.

3. The applicant has filed this original application, seeking the following relief(s):

“i) Office Order No. SER/P-ADA/TRANSFER/A-INT/PM/03/25 dated 15.03.25 issued By ADEN/BQA-II cannot be sustained in the eye of law on the ground that same is punitive and as such the Order of transfer may be quashed..”

4. The applicant has filed the instant O.A. since he is aggrieved by the order of transfer dated 15.03.2025. At hearing, Ld. Counsel for the applicant submitted that the applicant has already preferred a representation dated 26.05.2025 praying for reconsideration of his case but the said representation is still pending consideration. Ld. Counsel for the applicant has further submitted that the applicant has prayed for cancellation of the transfer order on medical grounds since he has recently undergone a screw surgery in his spine which does not enable him to take heavy load and long journeys.

5. Ld. Counsel for the respondents submitted that the Railway authorities can have the applicant medically examined in the Railway hospital and take a decision accordingly.

6. In view of the above, I deem it fit to dispose of this O.A., at admission stage, with a direction upon the competent respondent authority to consider the pending representation of the applicant dated 26.05.2025. Since the applicant has cited a serious medical condition in his representation and has also annexed his medical certificates to this O.A. at Annexure ‘A-23’, the respondents are also directed to arrange to get the applicant medically examined by a board comprising medical specialists at the earliest, and, based on its findings, take an appropriate decision on the said representation and pass a reasoned and speaking order under intimation to the applicant herein. The whole exercise shall be completed within a period of one month from the date of receipt of a copy of this order.