An administrative order of transfer issued without initiating disciplinary proceedings in response to allegations of misconduct, which effectively reduces an employee's status and responsibility, is punitive in nature and constitutes 'malice in law' if it is a non-speaking order lacking a genuine administrative basis.

O R D E R

1. Brief facts of the case are that applicant was initially appointed to the post of Assistant professor of Medicine through UPSC in the year 1996. Further, he was promoted to the post of Associate Professor and Professor in 2001 and 2005 respectively. Thereafter, he was promoted to the post of Director Professor w.e.f 18.02.2012 under DACP (Dynamic Assured Career Promotion) and on 18.04.2022, the applicant was appointed as Head of Department (HOD) of Medicine at Lady Harding Medical College New Delhi. Further on 02.09.2024, after a selection process, the applicant was selected and appointed to the post of Medical Superintendent at Smt. Sucheta Kriplani Hospital, New Delhi.

2. Applicant vide his communication dated 15.10.2024 has asked certain clarification from Mr. Avanish Singh, the then Store Officer for non-payment of supply of biomedical waste dustbins. As no response was given by Mr. Avanish Singh, the applicant vide another communication dated 11.11.2024 asked Mr. Avanish Singh for the said clarifications. The applicant also issued a communication dated 03.01.2025 to Mr. Avanish Singh for transparency in calling quotations which are to be procured by the respondent No.2 on the Notice Board. The communication was followed with an order issued by Additional Medical Superintendent on the instructions of the applicant dated 07.02.2025 as regards purchase of consumable items which were not available in the respondent No.2 institution.

3. It is the case of applicant that Mr. Avanish Singh got annoyed and as a counter blast, he filed a complaint dated 05.03.2025 against the applicant alleging therein malpractice in procurement matters of the Hospital.

4. The respondent No.1 constituted a one man preliminary inquiry committee against the applicant. The report of the said Committee was never provided to the applicant. However, the comments of applicant were asked by the respondent No.1 vide letter dated 09.12.2025 on the complaint of Mr. Avanish Singh and applicant submitted his reply to Respondent No.1 on 11.12.2025. Further, respondent No.1 vide letter dated 19.12.2025 sought comments of applicant and in response thereto, the applicant submitted his further reply on 22.12.2025.

5. In the above backdrop, respondent No. 1 issued the impugned orders dated 21.01.2026 and 23.01.2026, whereby he was ordered to be relieved of his duties as Medical Superintendent, Smt. Sucheta Kriplani Hospital, New Delhi with immediate effect and further directed to hand over the charge to Dr. Manoj Bhartilal Jais of the post of M.S. of the Hospital.

6. Feeling aggrieved with the order dated 21.01.2026, the applicant has filed the present OA, seeking the following relief(s) :-

“(i) Issue an appropriate direction or order quashing issue an appropriate direction or order quashing the Order dated 21.01.2026 issued by the Respondent No. 1;

(ii) Issue an appropriate direction or order quashing the Order dated 23.01.2026 issued by Respondent No.2;

(iii) Pass any further order as this Hon'ble Tribunal sees fit in the facts and circumstances of the case.”

7. After receipt of notice in the OA, the respondents have filled their counter reply and submitted that the applicant was relieved from the post of Medical Superintendent to ensure transparency and impartiality in ongoing examinations of the allegations and prayed for dismissal of the present OA being devoid of merit.

8. Learned counsel of the applicant has submitted that impugned orders are punitive in nature and malice in law. The impugned orders