CENTRAL ADMINISTRATIVE TRIBUNAL CUTTACK BENCH OA No. 438 OF 2025 Reserved on :05.01.2026 Pronounced on :09.01.2026 Coram : Hon’ble Mr. Sudhi Ranjan Mishra, Member (J)

Hon’ble Mr. Pramod Kumar Das, Member (A)

1. Prasanta Kumar Pallei, aged about 57 years, Son of Late Bijoy Kumar Pallei, at present working as Assistant Sub Inspector of Police, O/o The Dy. Inspector General of Police & Head of Branch, Central Bureau of Investigation, Anti Corruption Branch, Unit 8, Bhubaneswar, Resident of Vill Shreekhetra Vihar, PO Aiginia, PS Khandagiri, Dist Khurda, Orissa.

……Applicant VERSUS

1. Union of India represented through its Secretary, Ministry of Personnel, Public Grievances and Pensions, Department of Personnel & Training, North Block, New Delhi -110001.

2. The Director, Central Bureau of Investigation, Government of India, Plot No. 5 B, CGO Complex, Lodhi Road, New Delhi – 110003.

3. The Dy. Inspector General of Police & Head of Branch, Central Bureau of Investigation, Anti Corruption Branch, Unit 8, Bhubaneswar, Odisha

751008.

……Respondents For the applicant : Mr. AK Sahoo, counsel For the respondents: Mr. Amrit Mishra, counsel O R D E R Hon’ble Mr.Sudhi Ranjan Mishra, J.M.

The applicant challenging the order dated 12.09.2025 wherein he has been transferred from Bhubaneswar to Srinagar has filed this OA praying for following reliefs:

a) That the order i.e. CBI HO Office Order No. 1948/2025 dated 12.09.2025 vide ID No. DPPERSIII2025/1835/A- 22017/04/2025 issued by the Respondent No. 2 for transfer of the applicant, the only employee to have been transferred on Administrative Ground, be quashed.

b) Further be pleased to pass any order/orders as deemed fit and proper.

2. The brief facts of the case as inter alia averred by the applicant in the OA is that applicant entered service as a Constable in Orissa State Police on 14.08.1987, joined the Central Bureau of Investigation on deputation basis on 09.08.1989 and absorbed into the permanent service of CBI w.e.f. 17.03.1998. It is submitted that he had joined CBI, ACB, Bhubaneswar Branch in March 2018 on being transferred from Kolkata and was promoted to the rank of Asst. Sub Inspector of Police, CBI in June, 2024. It is submitted that respondents vide order dated 12.09.2025 transferred him on administrative ground from CBI, ACB, Bhubaneswar3 t o CBI, ACB, Srinagar. It is submitted that he was the sole employee to be transferred and the said transfer order made casually without assigning any specific reason is arbitrary, malafide and is against any stated policy. It is submitted that applicant is at fag end of his service career and is due for retirement on 30.06.2028, hardly two years and nine months service is left. It is submitted that he is suffering from various ailments and his mother & wife are also suffering from various ailments. It is submitted that he had filed one representation dated 18.09.2025 which was still pending. Hence the OA.

3. The respondents have filed counter inter alia averring that the applicant has remained posted in state of Orissa continuously barring a period from 05.08.2014 to 08.03.2018 when he was posted at CBI, ACB, Kolkata Branch. It is submitted that transfer and posting of employees of CBI is decided in CBI Head Office on the basis of administrative requirements. It is further submitted that employees of CBI, at the time of joining, undertake to work anywhere in India as per the requirement of department and therefore can be posted anywhere in India. The respondent4s have further relied on decision of Hon’ble Apex Court in the case of Rajendar Singh vs State of UP and others (2009) 15SCC178, Shilpi Bose and others vrs State of Bihar and others (1991) 2 Supp 659 and prayed for dismissal of the OA.

4. The applicant has filed rejoinder reiterating the stand taken by him in the OA.

5. Heard both sides and perused the records.

6. It is the stand of learned counsel for the applicant that the transfer order has been made on administrative grounds without assigning any re