The court upheld administrative discretion in employee transfers, confirming adherence to guidelines when allegations of misconduct arise.

O R D E R(Oral)

Per: SURESH KUMAR BATRA MEMBER (J)

1. This application has been filed by applicant under Section 19 of the Administrative Tribunals Act , 1985 seeking the following relief:

i) Quash the order no. 83 of 2022 dated 24.08.2022 passed by respondents.

ii) Direct the respondent no. 1 to 2 to order a fresh enquiry against respondent no. 3-6

2. The brief facts as pleaded by applicant are that the applicant joined the Income Tax Department as Tax Assistant on 25.03.2008 at Hoshiarpur, Punjab. He was promoted as Senior Tax Assistant in 2012 and transferred to Jalandhar on 23.08.2013. The applicant was further promoted to the post of Inspector on 17.12.2014. The applicant submitted a complaint against Respondent No. 3 alleging mental and physical harassment. On 24.08.2022, the respondents issued a transfer order on “administrative grounds” without any notice for charges and thereby the applicant was transferred from Jalandhar to Jammu by adding two stars/ asterisks against his name. The applicant served legal notice dated 26.10.2022 to respondent no. 1 and the same was directed to respondent no. 2 being competent authority but no response has been received by applicant, thus leading to filing of this OA.

DINKY 2025.08.19

3. The respondents in their reply contested the contentions of applicant and submitted that the applicant was transferred from Jalandhar station to Jammu vide order dated 24.08.2022 on administrative ground. The applicant had already completed tenure of stay of 9 years at Jalandhar and he had been transferred as per the guidelines only. It has been further contended that the applicant was engaged in a private coaching centre, namely “Magadh Gyan Kendra” at Jalandhar which is in contravention to the CCS(Conduct) Rules. It has been further stated that the transfer order was purely on administrative basis and its sole discretion lies with the administration.

4. I have gone through the material available on file. The applicant has assailed transfer and posting order dated 24.08.2022 (Annexure A-1), whereby, he had been transferred from office of CCIT Jalandhar to Jammu, under CCIT Ludhiana on administrative grounds. The contention of applicant is that after transfer, he has approached higher authorities requesting for communication of special reasons for his transfer and also requested to stop his transfer. The main grievance of the applicant is that in the impugned transfer order, respondents have mentioned two stars/ asterisks against the name of applicant.

5. I have heard learned counsel for both the sides. Learned counsel for respondents has placed on record copy of DINKY 2025.08.19 communication dated 08.11.2024 stating that the grounds of transfer has been provided to the applicant The relevant para of letter dated 08.11.2024 is reproduced as under for the sake of convenience:

“Considering the above discussed observations of the Pr.

CIT-1, Jalandhar and reports submitted by the Addl. CIT and the ITO on the allegations of the applicant and also the fact that the applicant is engaged in a private coaching centre which is not allowable as per the CCS(Conduct) Rule, the Administration had decided to consider the transfer of the applicant from Jalandhar Station. Accordingly, the applicant was transferred to Jammu Station vide order No. 83 of 2022 dated 04.08.2022 on the administrative ground which is solely at the discretion of the Administration as per the guidelines issued for intra-region transfer posting and rotation for Group B and Group C employees. Further, the concerned office was also communicated to examine the mater for initiation of necessary proceedings against the official on account of violation of the CCS (Conduct) Rules.”

6. It has been further submitted by respondents that the applicant was transferred from Jalandhar station to Jammu station during the AGT-2022 on administrative ground as per the observations of the