Transfer is an incident of service and an administrative prerogative. Judicial interference is impermissible unless the transfer is vitiated by mala fides, violates statutory provisions, or is proven to be prejudicial to public interest.

O R D E R

Per Hon’ble Mr. Suchitto Kumar Das, Administrative Member:

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

“a) To stay of operation of the non-speaking and cryptic order No. B2- 297/2021 dated 15.12.2021 issued by the Deputy Superintendent of Post Offices (HQ) in the office of the Postmaster General, Andaman & Nicobar Islands Division being Annexure A-9 of this original application in any manner whatsoever till the disposal of this original application;

b) Restraining the respondents from giving any effect and/or further effect to the impugned order of transfer dated 30.09.2021 in respect of the applicant only wherein the name of the applicant appeared at Serial No. 3 in the said order which is not in accordance with any transfer policy by which your applicant has been transferred from PA Junglighat SO to SPM, Nancowrie SO being Annexure A-3 of this original application till the disposal of this original application;

c) Till the disposal of this original application, the applicant may not be released from the present place of posting at Port Blair to Nancowrie.

d) Till the disposal of this original application, the applicant may be allowed to resume duty in the present place of posting at Junglighat Post Office.”

2. Facts of the case as narrated by the applicant are as follows:

The applicant, a Postal Assistant, was transferred from Junglighat to Nancowrie Sub P.O. vide Transfer Order dated 30.09.2021. He made a representation against his transfer on 01.10.2021. He then approached the Tribunal by filing O.A. No. 351/01605/2021 which was disposed of on 07.10.2021 with the following directions:

“We have noted that no adverse order is under challenge and seeking identical relief, and, the applicant has already preferred a representation dated 01.10.2021 (annexed as A4 to the O.A.), seeking consideration of his appeal against the said order of transfer. As no fruitful purpose would be served by calling for a reply in this matter, unless the representation is decided by the competent authority, we dispose of the OA with a direction upon the competent authority to consider the said representation to decide the claim of the applicant, and, till such time, to not release the applicant if not already released. It is made clear that we have not entered into the merit of this matter and, therefore, all points are kept open for consideration. The O.A., accordingly, stands disposed of. No costs.”

The respondents issued a reply to the applicant to his representation on 15.12.2021 rejecting the prayer of the applicant. Applicant has filed this O.A. challenging the letter dated 15.12.2021 and the Transfer Order dated 30.09.2021.

3. Ld. Counsel for the applicant submits that in spite of the Tribunal’s order dated 07.10.2021 in O.A. No. 351/01605/2021, the respondents did not allow the applicant to join his duty at his place of posting that is Junglighat P.O. nor did they issue any rejection order for the next two months. On 15.12.2001, a cryptic and non-reasoned order was issued rejecting his representation. Ld. Counsel for the applicant submits that since the order dated 15.12.2021 is cryptic, non-reasoned and does not address the points raised by him in his representation, it is liable to be quashed and set aside.

4. The applicant challenges his transfer from Junglighat to Nancowrie vide the i