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2025 Supreme(Online)(CAT) 10272
CENTRAL ADMINISTRATIVE TRIBUNAL
Mr. Anindo Majumdar, Administrative Member
SRI HEMANTA RAJ – Appellant
Versus
UNION OF INDIA – Respondent
O.A. 350/00389/2024
For the Applicant: Mr. K. Halder
For the Respondents: Mr. C.S. Bag
Transfer orders in government service are administrative decisions not subject to judicial intervention unless proven unlawful or discriminatory.
Headnote:(A) Administrative Tribunals Act, 1985 - Section 5 - Transfer Policy of BSNL - Transfer order dated 12.02.2024 challenged by applicant on grounds of lack of due process and discrimination against finance executives compared to technical wing - The Court held that transfer is an administrative issue and should not be interfered with unless proven mala fide or against policy. (Paras 10-12)
(B) The need for rationalization in staffing also discussed - Court emphasizes the lack of a vested right to remain in a particular place for government officers, reiterating established legal principles. (Paras 10-12)
Facts of the case:
The applicant is an Accounts Officer at BSNL and challenges the transfer to Madhya Pradesh on procedural grounds among others.
Findings of Court:
The Tribunal found no merit in the applicant’s claims and upheld the transfer as justified based on administrative requirements and staffing disparities.
Issues: Whether the transfer process adhered to established BSNL policies and if discrimination occurred?
Ratio Decidendi: The transfer was an administrative action justified by the need for staffing rationalization, and the applicant did not demonstrate any legal infirmity or mala fides in the order.
Result: The Original Application is dismissed.
| Table of Content |
|---|
| 1. transfer policies and grievances regarding the applicant's transfer. (Para 2 , 3) |
| 2. arguments regarding the justification and fairness of the transfer. (Para 8 , 9) |
| 3. the court's observations on the nature of transfer and legal standards. (Para 10 , 12) |
| 4. final ruling on the merits of the applicant's transfer appeal. (Para 13) |
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):
“i. To declare that the impugned transfer and posting order dated 12.02.2024 in respect of your applicant shall be cancelled since reasonable opportunity was not provided by way of publication of all India long stay particulars in a circle for the cadre of Accounts Officer was not issued before such issuance of transfer and posting order.
ii. To declare that the impugned transfer and posting order dated 12.02.2024 in respect of your applicant shall be cancelled since reasonable opportunity was not provided by way of calling option through special OTP window for exercising three choices of circle for transfer which have been followed in case of long stay technical executives with more than 25 and or 22 years stay at same circle.
iii. To declare that the impugned letter dated 15.03.2024 for relieving of the applicant from WB Telecom Circle on or before 31.03.2024 shall be cancelled since the transfer order was issued without the observing the protocol and policies adopted by BSNL, which have been extended to the executives of technical wing in BSNL, whenever all executives are within the ambit of the same transfer policy and protocol.
iv. To declare that the impugned transfer and posting order dated 12.02.2024 in respect of your applicant shall be cancelled, if re-allotment for transfer at CNTx NE Circle or Assam Circle or Sikkim Telecom Circle is not considered, since the applicant has only completed 15 years of stay in executive cadre in West Bengal Telecom Circle and the applicant may enjoy working in same circle upto 18 years as per BSNL Transfer Policy.
v. To declare that the impugned transfer and posting order dated 12.02.2024 and impugned letter dated 15.03.2024 for relieving of the applicant on the ground that discrimination has been occurred between the executives of finance and technical wings due to wrongful issue of transfer order of the applicant, which hampered the right to equality of the applicant being belonging to same transfer policy of same organization since reasonable opportunity as stated above under Para 8 & Sub Para (i), (ii) and (iii) was not extended to the your applicant.
vi. To declare that the impugned transfer and posting order dated 12.02.2024 and impugned letter dated 15.03.2024 since the CGM WB Circle has been instructed to relieve the applicant on or before 31.03.2024, which is in the mid of the election process and that will debar the applicant from democratic rights has been acquired from the relevant provision of Constitution of India by way of voting in forthcoming general election of Lok-Sabha.
vii. To quash and/ or set aside of the impugned order no. BSNLCO- SEA/11/2/2024-SEA dated 04.04.2024 passed by the authority of SEA Section, Establishment Finance Branch, BSNL Corporate Office, New Delhi-110001 being Annexure A16 of this O.A. ”
Factual Matrix
3. The applicant, Shri Hemanta Raj, Accounts Officer, BSNL, West Bengal Telecom Circle has been transferred to Madhya Pradesh Telecom Circle, vide order dated 12.02.2024 issued by the Assistant General Manager (SEA) BSNL, Corporate Office (Annexure A/5). Aggrieved by the said transfer order, the applicant had submitted a representation dated 16.02.2024 addressed to the Director (HR), BSNL praying for Re-
