Central Administrative Tribunal - Patna
Dr Ravi Shankar vs Department Of School Education A& ... on 27 March, 2025
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O.A. No. 050/00174/2025
CENTRAL ADMINISTRATIVE TRIBUNAL
PATNA BENCH, PATNA
O.A. No. 050/00174/2025
Order reserved on: - 22.03.2025
Order pronounced on: -
CORAM
HON'BLE MR. KUMAR RAJESH CHANDRA, MEMBER [A]
HON'BLE MR RAJVEER SINGH VERMA, MEMBER [J]
Dr. Ravi Shankar son of Dr. Nagendra Jha, Trained Graduate
Teacher (Social Sciences), Jawahar Navodaya Vidyalaya,
Begusarai, resident of Mishra Maniyari, Post- Silout, Police
Station- Maniyari, District- Muzaffarpur-843119 (Bihar)
.........Applicant
Versus
1. The Navodaya Vidyalaya Samiti Through The Commissioner,
Navodaya Vidyalaya Samiti, Department Of School Education &
Literacy, Ministry Of Education, Government Of India, B-15,
Institutional Area, Sector-62, Noida, District Gautam Budh Nagar-
201309 (UP).
2. The Deputy Commissioner (personnel), Navodaya Vidyalaya
(headquarter), B-15, Samiti, Institutional Area, Sector-62, Noida,
District-Gautam Budh Nagar -201309 (UP).
3. The Deputy Commissioner, Navodaya Vidyalaya Samiti,
Department Of School Education And Literacy, Ministry Of
Education, Government Of India, Regional Office, Karpuri Thakur
Sadan, Kendriya Karalay Parisar, Block-A & B, 5th Floor,
Ashiyana Digha Road, Patna-800025 (Bihar).
4. The Assistant Commisioner, Navodaya Vidyalaya Samiti, School
Education Department Of And Literacy, Ministry Of Education,
Governement Of India, Regional Office, Karpuri Thakur Sadan,
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O.A. No. 050/00174/2025
Kendriay Karalay Parisar, Block-A & B, 5th Floor, Ashiyana Digha
Road, Patna-800025 (Bihar).
5. The Principal, Jawahar Navodaya Vidyalaya, Begusarai-851101
(Bihar)
........Respondents
For Applicant:- Shri M.P. Dixit, Advocate
Respondents:- Shri H.P. Singh, Sr. CGSC
ORDER
PER:- RAJVEER SINGH VERMA, MEMBER [J]
1. The present OA is filed for following relief:-
"8.1 That Your Lordships may graciously be pleased to quash and set-a-side the impugned order dated 04.11.2024 together with order dated 07.02.2025 issued by the Respondent No.2 as contained in Annexure A/1 and A/2 in respect of transfer of the applicant from one Region to other i.e. from JNV, Begusarai (Bihar Region) to JNV Sonpur, Odisha (Bhopal Region) based on certain allegation. 8.2 That Your Lordships may further be pleased to direct/command the Respondents allow the applicant to serve at JNV, Begusarai disturbance without any disturbance. 8.3 That Your Lordships may further be pleased to direct/command the respondents to grant all consequential benefits in favour of the applicant.
8.4 Any other relief or reliefs as may deem fit and proper by this Hon'ble Tribunal including the cost of the proceeding may be allowed in favour of the Applicant."
2. We have heard the arguments of learned counsel for applicant and learned counsel for respondents and perused the 3 O.A. No. 050/00174/2025 pleadings including documents made available to us in the OA, WS, rejoinder along with Annexures thereto.
3. It is the case of applicant that he was initially appointed as TGT, JNV on 01.11.2007 and while posted at J & K (Hard Station) submitted his request for his posting/transfer to his home State (Bihar) which was considered and accordingly, applicant was transferred from JNV, J & K to JNV, Begusarai on 06.09.2018 which was his 2nd posting after his initial appointment.
4. It is also the case of the applicant that his entire service remains outstanding during the period of posting at J&K from 01.11.2007 till 03.09.2018 and after his transfer at Begusarai from 06.09.2018 to June 2022. Problems in his career started only after the fact when Dr. Surendra Jha became Principal at JNV, Begusarai in July 2022 and started humiliating and harassing the applicant.
5. That respondent No.4 has issued a charge sheet on 02.09.2024 under Rule-16 of the CCS (CCA) Rules, 1965 for totally false, vague, indistinct, wrong and connected allegations and, thereafter, applicant submitted his reply denying allegations and demanded supply of documents forming the basis of such allegations and he also made a request to hold regular departmental enquiry.
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O.A. No. 050/00174/2025
6. Respondent No.4 has imposed a punishment of "Reduction to a lower stage in the time scale of pay by one stage for a period of two (02) years without cumulative effect" and thereafter, applicant has submitted an appeal before the respondent No.3 highlighting all the infirmities and illegalities of the said charge sheet and punishment issued by the respondent No.4. Respondent No.3 has decided his appeal even without any application of mind and also without considering the facts and points taken in the said appeal save and except modification of punishment period from 02 years to 01 year
7. Applicant received impugned order dt. 04.11.2024 issued by the respondent No.2 whereby applicant has been ordered to be transferred from one Region to other i.e. from JNV, Begusarai (Bihar) to JNV, Sonpur, Odisha (Bhopal Region) due to alleged misconduct/allegations and punishment imposed above and, thereafter applicant submitted representation dt. 08.11.2024 assailing the impugned order of transfer on various grounds including CBSE Board examination of his daughter for the session 2024-25.
8. Respondent No.2 without considering the entire facts and pleadings of applicant's representation dt. 08.11.2024 passed one order whereby applicant has been granted exemption till CBSE Board examination of his daughter is completed i.e. either till 10th 5 O.A. No. 050/00174/2025 March or 31st March, 2025 but other ground of applicant relating to transfer order has not been considered.
9. Thereafter, applicant has submitted another representation on 02.02.2025assailing the transfer order dated 04.11.2024 and the said representation has been rejected vide order dt. 07.02.2025.
10. Applicant has submitted his choice of posting/transfer on 02.01.2025 preferring Begusarai, East Champaran, Gaya and Palwal in pursuance to option called against Annual Transfer Drive-2025 but the same has not been accepted due to impugned transfer order. Hence this Original Application.
ANALYSIS AND CONCLUSION
11. In addition to the factual position as mentioned at para 1-10 above, ld. counsel for applicant has submitted that the transfer of the applicant is punitive in nature and with malafide intention. The family circumstances i.e. ailments and age of father of applicant (77 years), ailment of wife of applicant were not duly considered by the authorities while rejecting the representation of applicant to withdraw the transfer and declining the request to post him at nearby place for medical facilities.
12. Ld. counsel for applicant has relied upon the following judgments/ order (s) passed by the Hon'ble Courts. i. Somesh Tiwary Vs, Union of India and Ors. (2009) 2 SCC 592 wherein the Hon'ble Supreme Court held that "An 6 O.A. No. 050/00174/2025 order of transfer is an administrative order. Transfer, which is ordinarily an incident of service should not be interfered with, save in cases where inter alia mala fides on the part of the authority is proved. Mala fides are of two kinds-first, malice in fact and second, malice in law. The order in question would attract the principle of malice in law as it was not based on any factor germane to passing of an order of transfer and based on an irrelevant ground i.e. on the allegations made against the appellant in an anonymous complaint. It is one thing to say that the employer is entitled to pass an order of transfer in administrative exigencies but it is another thing to say that the order of transfer is passed by way of, or in lieu of punishment. When an order of transfer is passed in lieu of punishment, the same is liable to be set aside being wholly illegal. No vigilance enquiry was initiated against appellant. Transfer order was passed on material which was non-existent. The order suffers not only from non-application of mind but also suffers from malice in law. " (Paras 16 and 21) ii. Order dt. 07.07.2022 passed by the Hon'ble High Court at Madras in WP No. 15057 of 202 and WMP No. 14279 of 2022 titled as P Kumaresan Vs. The Collector, Salem District Salem and Ors. The Hon'ble High Court has relied 7 O.A. No. 050/00174/2025 upon the decision of the court in K.M. Elumalai Vs. The Superintendent of Prisons, Central Prison-II and another [CDJ 2009 MMC 4819] wherein the Hon'ble Court held that "20. Therefore this Court is of the opinion that the impugned orders passed by the respondents will have to be set aside being punitive in nature and therefore bad in law in not following the principles of natural justice, by affording an opportunity to the petitioner and by conducting an enquiry."
iii. Order dt. 24.09.2024 passed by the Hon'ble High Court at Patna in CWJC No. 14733 of 2024 in the matter of Dr. Shailendra Kumar. Vs. The Union of India & Ors. Wherein the Hon'ble Court held as under:-
"Prima facie, transfer has been effected pre-maturely on the score of certain alleged allegations relating to past and present mis-conducts. Therefore, petitioner has made out a case for granting interim order, accordingly, the concerned respondents are hereby directed not to give effect to the transfer order dated 08.08.2024 till next date of hearing. If he has been relieved as on today, in that event he shall be put back to post held by him as on 08.08.2024."8
O.A. No. 050/00174/2025 CASE OF THE RESPONDENTS
13. Respondents have filed their written statement and have vehemently opposed the contentions of applicant and prayed that OA should be dismissed on the following ground as stated by them.
i. The applicant accepted his initial appointment to serve in Jammu & Kashmir as part of the Special Recruitment Drive 2006, which stipulated that teachers must serve at least 10 years in hard stations like J&K. His appointment letter (dated 22.10.2007) clearly mentions that he is liable to serve anywhere in India. Transfers within the Navodaya Vidyalaya Samiti (NVS) are governed by an Annual Transfer Drive, allowing employees to apply for vacancies. However, the applicant cannot request a transfer before completing 10 years in hard stations, as per his appointment terms. The applicant's probation was extended for a year (up to 01.11.2010) due to unsatisfactory performance, following several warnings and memos regarding misconduct during his service at JNV Doda (J&K).
ii. Multiple complaints and memos were issued against the applicant for alleged misconduct during his tenure at JNV Begusarai (2018-2022), and further memos were issued after June 2022.
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O.A. No. 050/00174/2025 iii. After a fact-finding inquiry, the applicant was transferred from JNV Begusarai (Bihar) to JNV Sonpur (Odisha) for administrative reasons, as recommended by the Inquiry Committee and in line with NVS policies.
iv. The applicant faced charges under Rule 16 of the CCS (CCA) Rules, 1965 for misconduct, resulting in his transfer. His representation and appeal against the disciplinary action were found unconvincing. However, the Appellate Authority sympathetically reduced his penalty.
v. The applicant's transfer was confirmed as valid, with the administrative decision considered necessary for the organizational interest. His personal circumstances (such as his daughter's examination) were taken into account, but the transfer itself was in accordance with NVS Transfer Policy. vi. The transfer from JNV Begusarai was executed under the NVS Transfer Policy 2021, which allows administrative transfers in cases where an employee's continuation at a particular station is not conducive to the organization. vii. The applicant's participation in the Annual Transfer Drive (ATD-2025) is deemed invalid since he was already transferred on administrative grounds prior to the release of the transfer list.
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O.A. No. 050/00174/2025 viii. The applicant was found guilty of misconduct based on several memos, explanations, and a fact-finding inquiry. His administrative transfer and reduction in penalty were justified, and his appeal for staying at JNV Begusarai was not supported by the competent authority due to the administrative exigencies.
14. Ld. Sr. CGSC has vehemently opposed the arguments of the applicant's counsel and stated that the judgments relied upon by the ld. counsel for applicant are not applicable to the facts and circumstances of the present case and are distinguishable. In support of the contention of the respondents as mentioned at Para 13, ld. Sr CGSC has relied upon the S.C. Saxena Vs. UOI & Ors. 2006 (9) SCC 583 wherein the Hon'ble Court held that the transfer is an incidence of service.
OUR ANALYSIS
15. It is an admitted fact that disciplinary proceedings under Rule 16 of CCS (CCA) Rules were initiated against the applicants for various charges and Disciplinary Authority has imposed a punishment of "reduction to lower stage in time scale of pay by one stage for a period of two years without cumulative effect." However, the Appellate Authority has modified the punishment and imposed a punishment of reduction to lower stage in time scale 11 O.A. No. 050/00174/2025 of pay by one stage for a period of one year without cumulative effect.
16. Applicant was appointed to serve in J&K as part of Special recruitment drive and posting of applicant at J&K from 01.11.2007 to 03.09.2018 is as per condition of appointment order dt. 22.10.2007 (Annexure-R/5) para 15 of the said order is as under:-
"You will not be eligible to seek request transfer from the place of posting before the expiry of 10 (TEN) years of service as you have been selected under special recruitment drive-2006 conducted by Navodaya Vidyalaya Samiti for hard and difficult stations of J&K & H.P. States."
17. Thus the posting of applicant at J&K for the period from 01.11.2007 to 03.09.2018 should not be counted as hard station posting as per Para 3 (f) of NVS Transfer Policy, 2021.
18. Navodaya Vidyalaya Samiti issued NVS Transfer Policy 2021 vide notification dt. 28.01.2022. Relevant Paras of the policy are as under;-
"1. xxx
2. OBJECTIVE
(a) NVS shall strive to maintain equitable distribution of its employees, through its transfer policy, in a transparent way to ensure efficient functioning of the organization, with special regard to protect academic interest of students and optimize job satisfaction amongst employees.
(b) Employees are liable to be transferred anywhere in India at any point of time and transfer to a desired location can not be claimed as a matter of right. While effecting transfer, the organizational interest shall be given uppermost consideration and the problems and constraints of employees shall remain subservient.12
O.A. No. 050/00174/2025
3. BASIC PRINCIPLES/GUIDELINES
(a) xxx
(b) xxx
(c) xxx
(d) xxx
(e) xxx
(f) An employee recruited under Special Recruitment Drive for NER/Hard & difficult stations shall not be considered for transfer out of region before completion of mandatory tenure as mentioned in the notification of said recruitment drive. The counting of mandatory tenure shall be made from the actual date of joining of the incumbent under such drive. However, his/her transfer may be considered from one Jawahar Navodaya Vidyalaya to another after completion of three years of service within the notified areas of NER/Hard & very hard stations (as the case may be) for which they have been recruited. Execution of transfer of such employees should be as per the transfer policy.
(g) xxx
(h) xxx
(i) No employee shall be posted back to a station from where he/she has been transferred on the administrative (with or without disciplinary) grounds.
4. VARIOUS PROVISIONS:
4.1. BROAD CATEGORY OF TRANSFER:
a. xxx b.xxx c. Administrative Transfer:
i) xxx
ii) xxx
iii) Transfer of an employee whose continuation at particular station is a not conducive from administrative point of view. Such transfer may be executed based on certain enquiry (preliminary/detailed) as considered deemed fit in the case and after recording reasons of such transfer. Therefore, such transfer shall be of two types:
a) Administrative Transfer with Disciplinary Proceedings.
b) Administrative transfer without Disciplinary Proceedings.
19. The applicant has been transferred on administrative grounds thus as per para 3 (i) of the NVS Transfer Policy, 2021 he should not be posted back to the NVS Begusarai from where he has been transferred.
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20. Applicant's participation in the Annual transfer drive (ATD- 2025) is declined for the reason that he has already been transferred on administrative grounds much prior of transfer list.
21. Transfer of the applicant is in accordance with the NVS Transfer Policy, 2021.
22. The applicant has not made out a prima facie case to call for interference of this Tribunal in the impugned transfer order(s).
23. In a catena of judgment the Hon'ble Supreme Court has laid down that the transfer is an incidence of service and the authorities are the best judge to decide which person should be posted at which place.
24. The judgment of Hon'ble Supreme Court in Somesh Tiwary's Case (supra) was pronounced in a case where no vigilance inquiry was initiated against the applicant and the transfer order was passed on material which was non-existent order dt. 07.07.2022 passed by Hon'ble High Court of Madras in P. Kumarasen's case (supra) in facts and circumstances wherein the frequent transfers were made of the petitioner. The above mentioned facts and circumstances are not existing in the present case. Therefore, the judgments of the Hon'ble Court as relied upon by the ld. counsel for applicant as mentioned at para 11 above are not relevant to the facts and circumstances involved in the present case and are distinguishable in nature.
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25. There is nothing on record to arrive on conclusion that there was any malice or ill intention on the part of administrative authorities while passing the transfer order of the applicant and the transfer order is also not punitive in nature, as the transfer orders, is an administrative decision passed on the basis of administrative precedence keeping in view the organizational interest and the fact that continuation of applicant is not conducive to the organization.
26. The balance of convenience is not in favour of the applicant.
27. From the above analysis we are of the considered view that there is no apparent error, illegality or irregularity in the transfer order dt. 04.11.2024 and order dt. 07.02.2025 so issued by the respondents in respect of transfer of the applicant from one region to other i.e. from JNV, Begusarai (Bihar Region) to JNV Sonpur Odisha (Bhopal Region). The impugned orders are in accordance with the NVS Transfer Policy, 2021.
28. The applicant has not made out a case for grant of reliefs. As a result thereof, OA is dismissed accordingly.
29. No order as to costs.
(Rajveer Singh Verma ) (Kumar Rajesh Chandra)
Member (J) Member (A)
du/-