Central Administrative Tribunal

Raja Singh vs. Union of India

MANU/CA/0910/2024

31.05.2024

Service

Executives retain the absolute right to transfer a public servant in administrative exigencies and same should not be interfered with by the Courts

The present Original Application has been filed by the applicant, who is working as Assistant Accounts Officer under CDA (IDS) i.e., Respondent No.3 herein, challenging the order, whereby he has been transferred from New Delhi to PCDA (Navy), Mumbai and also relieved vide order.

As per the direction of this Tribunal vide order, the Respondents produced before this Court the documents regarding recommendations of the Defence Accounts Placement Board (DAPB) for transfer of the applicant and its approval by the Competent Authority. From a perusal of the same, it is evident that vide DAPB recommendations dated 08.04.2024, the transfer of the applicant has been recommended to Mumbai under PCDA (Navy) on administrative grounds.

From a perusal of Clause 2.3 of the Transfer Policy, it is evident that though the normal tenure at a station is three years, however, the competent authority will have the discretion to reduce the period but not below two years in exceptional cases, with due regard to all relevant factors, such as, degree of un-popularity of the station, difficulty in finding suitable replacement etc. or on compassionate grounds or administrative exigency.

The applicant was transferred to PCDA (Navy), Mumbai in view of administrative exigencies, based on the recommendations of DAPB and subsequent approval by the Competent Authority vide order, due to shortage of staff, i.e. against sanctioned strength. It is also noticed that pursuant to the transfer order dated 9th April, 2024, the applicant has also been relieved on 19th April, 2024, but he has not yet joined at the new place of posting.

As per the settled position of law, the Executives retains the absolute right to transfer a public servant in administrative exigencies or in public interest and the same should not be interfered with by the Courts/Tribunals unless there are strong and pressing grounds rendering the transfer order illegal, on the ground of violation of statutory rules or on the ground of mala fides. Besides that, it is also well settled that a Government servant cannot disobey a transfer order and he should first join at the place of posting and then only can question the transfer order, if aggrieved, in accordance with law. In view of the settled position, there is no good ground for interfering with the applicant's transfer order, more particularly, when he has already been relieved. Application dismissed.

Tags : Transfer Administrative exigencies Legality

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