Statutory transfer powers under Rule 226 IREC prevail over policy guidelines; no interference with administrative exigency transfers absent mala fides, despite tenure/policy deviations or personal hardship.

ORDER

(Per Hon'ble Dr.Lata Baswaraj Patne, Member(J))

The applicant sought the following relief in the OA:

“…the applicant humbly prays that this Hon‟ble Court may be pleased to call for the records pertaining to Office Order No. E(O)III-2024/TR/47 dated 24.01.2024 transferring the applicant from South Central Railway, Secunderabad to Chittaranjan Loco Works, West Bengal and set aside and quash the said orders with any other consequential proceeding; and direct the respondent Railways to continue the applicant in Headquarters of South Central Railway, Secunderabad till completes 4 years maximum tenure with all consequential benefits and pass such other order or orders as deemed fit in the interest of justice.”

2(I) Brief facts of the case are that the applicant belongs to Indian Railway Service of Mechanical Engineer (IRSME) and presently, working in a Senior Administrative Grade post (SAG) as Chief Motive Power Engineer (Diesel) in Headquarters of SC Railway, Secunderabad. The applicant joined SC Railway on transfer from South Eastern Railway during March 2022 and even before completion of two years stay, he has been transferred from SC Railway to Chittaranjan Locomotive Works, West Bengal, vide order dt. 24.01.2024.

(II) The contention of the applicant is that the said transfer is in violation of the transfer policy. He has been given seven transfers in seven years, whereas, number of SAG officers were allowed to continue for more number of years in SC Railway. The applicant pleads that his wife is undergoing treatment for serious health issues like Disc dislocation and suspected malignancy. He submitted representation for retention, but without considering the same, he is sought to be relieved. Hence, he filed this OA seeking the above relief and also sought interim relief of suspension of the operation of the impugned transfer order.

(III) At the time of admission, on 29.01.2024, this Tribunal granted an interim order staying the impugned transfer order dt. 24.01.2024.

3(I) On notice, the respondents have appeared through their counsel and a reply statement has been filed on behalf of the respondents 1 & 2. The respondents have submitted a preliminary objection that Rule 226 of IREC clearly lays down unfettered power of the President to transfer a Railway servant to any other Department or Railway or Railway Establishment including a project in or out of India. It is further stated that a Comprehensive Transfer Policy for Railway Officers has been issued by the Railway Board vide letter dt. 31.08.2015 in supercession of all existing instructions and subsequently, an Addendum to the said policy was issued vide letter dt.12.12.2018. It is the contention of the respondents that it was never the intention of the Railway Board to obviate the Rules like Rule 226 of IREC issued by the President under Article 309 of the Constitution of India, which are statutorily superior to the instructions issued by the Railway Board and the Railway Board instructions are subservient to the rules contained in IREC. Move over, the IREC Provisions have not been amended. It is further stated that the impugned order clearly indicates that it was the President who approved the order. The power of the President, as envisaged in the IREC, cannot be permitted to be frustrated by yielding to certain safeguards provided in the letter dt. 31.08.2015. It is stated by the respondents that all the transfers were done in administrative exigency. The applicant, being a Group „A‟ officer, holding the post of Joint Secretary level, with Senior Administrative Grade in Level-14, should under