Transfer on administrative grounds valid incident of service if by competent authority, not vitiated by mala fides or statutory violations.

O R D E R

HON'BLE Ms.V.RAMA MATHEW, ADMINISTRATIVE MEMBER

The applicant working as an Assistant Loco Pilot at Mangalore Junction under the Palakkad Division of Southern Railway, is aggrieved by the order of transfer dated 26.06.2024 issued by the 5^th respondent transferring him to Chennai Division. The said transfer order is produced as Annexure A-1. He has also challenged the relieving order of the same date, produced as Annexure A-2, pursuant to which he was directed to report before the Senior Divisional Personnel Officer, Palakkad Division, who in turn issued the consequential relieving order dated 26.06.2024, a copy of which is produced as Annexure A-3. He submits that Annexure A-1 transfer order is without jurisdiction, contrary to statutory provisions and liable to be set aside.

2. Briefly the facts are as under – the applicant, a B.Tech graduate in Electronics & Communication Engineering, was initially appointed as Helper (Carriage & Wagon) in Chennai Division on 11.12.2015 through direct recruitment. He was subsequently promoted as Assistant Loco Pilot in Level-2 of the Pay Matrix through General Departmental Competitive Examination and joined the post on 22.07.2019 after training. Thereafter, he was promoted as Senior Assistant Loco Pilot in Level-4 with effect from 29.11.2021, a copy of which is produced as Annexure A-4, wherein he is placed at Sl.No.1. On his request, he was transferred to Palakkad Division on reversion as Assistant Loco Pilot in Level-2 and joined duty on 30.06.2023, a copy of which is produced as Annexure A-5. He was posted at Mangalore Junction on joining Palakkad Division.

3. The applicant is a native of Palakkad District. His wife is working as a temporary Assistant Professor at Sree Krishna Government Engineering College, Palakkad, and they have a two-year-old child. The applicant was constrained to avail emergency leave for taking care his father, who was undergoing treatment for a serious spinal condition. It is submitted that the said leave was not sanctioned. Subsequently, following an altercation with Shri.Suresh Kumar, Chief Crew Controller on 27.02.2024, a major penalty charge memorandum dated 28.05.2024 was issued, a copy of which is produced as Annexure A-6. The applicant denied the allegations and sought relevant documents vide letter dated 04.06.2024, a copy of which is produced as Annexure A-7. While matters stood thus the applicant applied for one day’s leave on 22.06.2024 due to urgent domestic reasons concerning his child. Upon return, he was served with the transfer order at Annexure A-1 and relieving order at Annexure A-2, which was actually handed over to him only on 25.06.2024.

4. At the outset the applicant submits that in terms of the Railway Board orders on the subject, a Railway employee against whom major penalty proceedings are pending should not be transferred, as the disciplinary authority initiating and concluding proceedings must remain the same. The Railway Board order RBE No.120/2005 dated 18.07.2005 revealing these facts are produced as Annexure A-8. Besides, he also submits that in terms of Rule 226 of the Indian Railway Establishment Code, Vol.I (IREC Vol.I) inter-establishment transfers can be ordered only by the President or by authorities duly delegated with such power. The authorities to whom the power is delegated for transfer is contained in Appendix VI of the IREC Vol.I. He also submits that the authority competent is defined under Rule 103(11) of the IREC Vol.I to mean the authorities who have been included in the aforementioned Appendix VI. These are produced as Annexu