O R D E R

Per Mr. Suchitto Kumar Das, Administrative Member :

1. This matter is taken up by Single Bench in view of the revised list dated 04.04.2000 issued under Sub section (6) of Section 5 of the Administrative Tribunal Act, 1985 and as no complicated question of law is involved this matter is taken up for disposal.

2. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 praying for the following common relief(s):

“a) An order do issue quashing the order no. 2026/E(O)III/Spl/1/11 dated 08.04.2026 passed by the Dy. Secretary-II(Estt.)/ Spl. Railway Board, vide which the respondent authorities rejected the representation dated 28.02.2026, thereby allowing the representation dated 28.02.2026 and therefore quashing the transferred order being no E(0/111-2026/PM/16 dated 27/02/2026, passed by the respondent authorities to accommodate others and applicant continue to work as Chief Electrical Engineer/Construction in Eastern Railway, Kolkata.

b) An order directing the respondents authorities to stay the transfer order as above and maintain status quo till the disposal of the main application by CAT.

c) An order do issue directing the respondent authorities to allow the prayer of the applicant as mentioned of his representation being no PKS/CEE/TRF/ER/SCOR dated 28.02.2026 and accommodate him in SER/Metro/ER Railway in Kolkata.

d) To pass the other order or orders as your Lordship may think fit and proper.”

3. Facts of the case in brief are as follows:

The applicant is posted as Chief Electrical Engineer, Construction (CEE/Con) in Eastern Railway from 14.12.2022. He has been transferred from Eastern Railway to South Coast Railway in the same grade vide order dated 27.02.2026 of Railway Board. The applicant made representation to Member (TRS), Railway Board for cancellation and reconsideration of his Transfer Order No. 89/2/26 dated 27.02.2026. As no action was taken by the competent authorities, the applicant filed O.A No. 350/409/2026. Tribunal directed the respondents to consider the representation of the applicant dated 28.02.2026 within four weeks from the date of receipt of the order of the Tribunal. The respondents rejected the said representation vide order dated 08.04.2026. Hence this O.A.

4. Applicant has challenged his transfer on the following grounds:

4.1. The impugned transfer order dated 27.02.2026 is ex facie arbitrary, unreasonable and violative of Article 14 of the Constitution of India, inasmuch as the same has been issued not on administrative exigency but solely to accommodate other officers, thereby adopting a pick-and-choose method which is impermissible in law. It is submitted that by virtue of the order being no. E(0/111-2026/PM/16 dated 27.02.2026 the applicant was transferred to South Coast Railway to accommodate 02 officers, namely, Shri Dilip Kumar Kujur promoted to SAG from Metro Railway Kolkata at S.N. 1 and Shri R.K. Dongre promoted to SAG from South Eastern Railway Kolkata at S.N. 10 of the order no. E(0/111-2026/PM/16 dated 27.02.2026. This is totally incorrect, as the applicant was transferred from ECR to ER on SAG promotion hence the officers promoted in SAG based in Kolkata should be sent to other zone out of Kolkata rather than creating vacancies for them by transferring already posted officers. Hence this transfer order is issued due to Punitive or Mala-fide Intent since the transfer is used as a "punishment in disguise" or is motivated by personal malice rather than administrative necessity.

4.2. The respondents have failed to demonstrate any administrative necessity or public interest, which is a sine qua non for effecting transfer and in absence thereof, the impugned order is liable to be quashed as being arbitrary and unsustainable.

4.3. The applicant has been working as CEE/C in Eastern Railway since 21.11.2022 and the applicant is transferred from Eastern Railway to South Coast Railway in same grade SAG to acc