Transfers are service incidents; must join posting first; no judicial interference absent mala fides or statutory violation.

ORDER

Per Kumar Rajesh Chandra, A.M..:- This OA has been filed by the applicant seeking the following relief:-

“(a) That the Respondent No. 5 be directed to cancel the Order dated 20.09.2024 bearing No. AN/1B/111/NL/GT/2024 (Annexure-12) passed by Additional Controller of Defence Accounts, Patna, Respondent No.5 without properly considering the Applicant’s representation dated 10.09.2024 and without following the Transfer Policy No. 0600/AN-X/Vol. XXI dated 28.03.2024 and Transfer Policy No. AN/1B/038/T.P./Vol-VIII dated 14/09/2022, passed the order dated 20.09.2024 in arbitrary manner. That the Respondent No. 4 be directed to cancel the transfer of the order bearing transfer Order No. AN/IB/111/Bihar/GT/2023 dated 19.05.2023 (Annexure-5) issued from the Office of the Controller of Defence Accounts, Patna, Respondent No. 4 with respect to the Applicant is concerned by which the Applicant is transferred from LAO(A) Ramgarh to PAO (Ors) AAD, Gopalpur whereby and whereunder the Respondent No. 4 has not considered that the Applicant has served two times in Hard/Tenure Station and as per the policy decision issued by the Government that in whole service tenure only two times Hard/Tenure Station has to be served by a service holders of the Respondent authorities and also not considered the medical grounds given by the Applicant. That the Respondent No. 8 be directed to cancel the relieving Order dated 02.06.2023 (Annexure-7) issued by the LAO (Ramgarh), Respondent No. 7, whereby and whereunder the respondents relieved the Applicant for joining the transferable post of PAO(Ors) AAD Gopalpur and to direct the Respondent No. 7 to cancel order letter No. AN/1B/111/NL/GT/2024 dated 11/11/2024 (Annexure-15) passed by the Senior Accounts Officer (AN) of the office of the Controller of Defence Accounts, Patna, Respondent No.7, whereby and whereunder the Respondent authority has not properly considered the case of the Petitioner/Applicant and disposed arbitrarily the all letters of the Petitioner/Applicant on the ground that they have passed the speaking order dated 20.09.2024. AND to direct the Respondents to release the arrears of salary as well as current salary and credit Earned Leave etc. and all other consequential benefits in favour of the applicant/petitioner.” 

2. The brief facts of the case, as per the applicant, are as follows:-

(i) The applicant on his appointment as Auditor in Defence Account joined in December, 2010 at Pune and promoted to the post of Senior Auditor on 01.04.2014. In December, 2014 he was transferred from Pune to Gopalpur (Orissa) as Senior Auditor which comes under the category of Hard/Tenure Station as per Para 2.1(a) of the Transfer Policy of Controller of Defence Accounts (CDA) Patna dated 14.09.2022 (Annexure-1) duly approved by the Competent Authority. In October, 2017 he was transferred from Gopalpur (Orissa) to Ramgarh (Jharkhand) which also comes under the category of Hard/Tenure Station as per Para 2.1 (a) of the said Transfer Policy.

(ii) It is contended that the applicant is suffering from Liver and Kidney problems (Annexure-2) and his father is also suffering from mental illness (Annexure-2A) whose mental treatment is going on in C.I.P, Kanke, Ranchi which he had already intimated to the CDA, Patna by his representation dated 12.12.2022 (Annexure-3). By representation dated 04.01.2023 (Annexure-4) the applicant requested the CDA Patna to transfer him to Ranchi for medical treatment.

(iii) It is alleged by applicant that instead of transfer to Ranchi the applicant was again transferre