Central Administrative Tribunal - Delhi
Santosh Kumar Karnani vs Revenue on 25 February, 2026
1
item 29 (C-3) OA No.4540/2025
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No.4540/20
2025
Reserved on : 11.02.2026
Pronounced on:25.02.2026
Hon'ble Ms. Harvinder Kaur Oberoi, Member (J)
Hon'ble Dr.SumeetJerath
umeetJerath, Member (A)
Santosh KumarKarnani
(Civil Code:05024)
Aged: 46 years
S/o Shree Ram Chandra Karnani
Additional CIR, Sr. DR. ITAT-2,
ITAT Guwahati
Address for Communication: No.A-1202
No.A
Sundarvan Epitome, PrernatirthDerasar Road
Jodhpur Gam, Ahmedabad,
Gujarat-380 0015. ...Applicant
(Through
Through Advocate:Mr.
Advocate: S. Sunil)
Versus
1. Union of India (Notice to be served
through its Secretary
Department of Revenue, Ministry of Finance
Government of India, North Block,
New Delhi -110 001).
2. Central Board of Direct Taxes (To be represented
Through its Chairman, Department of Revenue
Ministry of Finance, Government of India,
North Block, New Delhi - 110 001).
3. The Principal Chief CIT (NER)
Aaykar Bhawan, Christian Basti
G.S. Road, Guwahati - 781005. ... Respondents
(Through Advocate: Thakur Virender Pratap Singh Charak
Charak)
1
LALIT
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
OA No.198/2017
Reserved on: 14.01.2026
Pronounced on: 04.02.2026
Hon'ble Ms. Harvinder Kaur Oberoi, Member (J)
Hon'ble Dr. Sumeet Jerath, Member (A)
Balwan Singh Mehta, S/o Sh. Prem Raj,
Lab. Supdt. In Northern Railway,
Central Hospital, New Delhi,
Aged about 47 years,
R/o 158/16, Railway Colony,
Basant Road, New Delhi-55 - Applicant
(By Advocate: Mr. Anil Singal)
VERSUS
1. Union of India,
Through its Secretary,
Ministry of Railways, Rail Bhawan,
New Delhi
2. General Manager (P),
Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad)
Through its Chairman,
DRM Office Complex,
Nawab Yusuf Road, Allahabad
4. DRM (P)
Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad,
Working as Lab. Supdt.
Sub Divisional Railway Hospital,
Itarasi, MP
GOSAIN
6. Mahavir Pandit, working as Lab. Supdt.,
Northern Railway Divisional Hospital,
Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt.,
Northern Railway Divisional Hospital, Lucknow, UP - Respondents
(Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr.
Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5
2
item 29 (C-3) OA No.4540/2025
ORDER
Hon'ble Mrs. Harvinder Kaur Oberoi, Member (J) The applicant, by way of the present Original Application, has sought the following reliefs:
"a.
a. Quash and set aside the impugned Transfer Order No. 162/2025 dated 20.06.2025 issued by Respondent No. 2/CBDT, transferring the Petitioner to the North Eastern Region and the consequential Posting Orders No. 151/2025 dated 25.06.2025 & 163/2025 dated 25.09.2025 passed by the Resp Respondent ondent No.3, thereafter posting him at ITAT, Guwahati;
b. Direct the Respondents to post the Petitioner to Ahmedabad or New Delhi within a time-bound time bound period, where the criminal trials/investigation and other proceedings are pending.
c. Direct the Respondents Respondents to forthwith release all withheld salaries, and other due payments to the Petitioner, alongwith compensatory interest thereon, III accordance with law' , d. Pass such other or further order(s), direction(s) or relief(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice.
justice."
2. Brief facts f of the case are that the he Applicant is an Indian Revenue Service officer of the 2005 batch (Civil Code: 05024) presently serving as Additional Commissioner of Income Tax, Guwahati. Prior to the present posting, he was functioning as Additional Commissioner of Income Tax (Central Range-I), Range I), Ahmedabad. During his tenure in Ahmedabad, the Applicant authorized a survey under Section 133A of the Income Tax Act, 1961 in the year 2019 against the BSafal Group of Ahmedabad, which resulted in a voluntary disclosure of approximately Rs. 50 crores of additional unaccounted income, one of the highest disclosures in the Gujarat region in the preceding decade. Subsequently, in 2021, a search under Section 132 of the Act was conducted by the Investigation Wing, 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 3 item 29 (C-3) OA No.4540/2025 revealing material irregularities in in the financial affairs of the group, and the consequential assessment proceedings were placed under officers functioning under the supervisory control of the Applicant. The BSafal Group, an influential real estate conglomerate in Gujarat with deep political al and bureaucratic connections, allegedly became apprehensive that the Applicant would not extend any undue favour in the discharge of his official duties.
3. On the basis of a complaint filed by one of the promoters of the group, Shri Rupesh B. Brahmbhatt, Brahmbhatt, an FIR dated 04.10.2022 was registered by the Gujarat State Anti-Corruption Anti Corruption Bureau and was subsequently transferred to and re-registered re registered by the Central Bureau of Investigation on 12.10.2022. Immediately thereafter, the Applicant was transferred on 07.10.2022 07.10.2022 to the office of the Director General of Income Tax (Investigation), Ahmedabad as Officer on Special Duty, and within three days, by order dated 10.10.2022, he was further transferred to Jorhat in the North Eastern Region and relieved on the same day day.. The Applicant contends that the said transfer was passed without administrative exigency and on extraneous and vindictive considerations.
4. Aggrieved, the Applicant approached the Central Administrative Tribunal, Ahmedabad Bench, in O.A. No. 434 of 2022 2022.. By order dated 16.11.2022, the Tribunal permitted withdrawal of the application with liberty to make a representation and directed the respondents to consider whether the Applicant would be able to effectively defend the criminal case while posted in the North North-East.
East. The representation submitted in November 2022 was rejected without cogent reasons. Meanwhile, anticipatory bail was granted to the Applicant by the Hon'ble 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 4 item 29 (C-3) OA No.4540/2025 High Court of Gujarat on 19.12.2022, which was later set aside by the Hon'ble Supreme Court Court of India on 17.04.2023. The Applicant surrendered and was subsequently granted regular bail on 27.10.2023 with conditions restricting his movement outside Gujarat without prior permission of the trial court and requiring intimation of change of residence.
5. In view of the bail conditions, the Applicant again sought revocation of the transfer, but no relief was granted. He thereafter filed O.A. No. 1152 of 2024 before the Principal Bench of the Central Administrative Tribunal, New Delhi, which by order dated 19.12.2024 quashed the transfer order dated 10.10.2022. The writ petition filed by the Department before the Hon'ble High Court of Delhi, being W.P.(C) No. 7511 of 2025, was dismissed on 14.07.2025, affirming the Tribunal's decision.
6. It is submitted submitted that in May 2025, in a fresh attempt to relocate the Applicant to the North Eastern Region, the Department coordinated with the CBI through email correspondence dated 10.05.2025 to seek modification of the bail conditions before the Sessions Court, Ahmedabad.
edabad. The said communication allegedly contained false assertions that the earlier transfer order had been withdrawn pursuant to the Tribunal's order dated 19.12.2024 and that an appeal had already been filed before the Hon'ble High Court. Subsequent rep replies lies obtained under the Right to Information Act, 2005 revealed that no such withdrawal order had been issued and that the appeal was filed nearly two weeks after the said communication. The Sessions Court, by order dated 16.05.2025, modified the bail conditions conditions permitting the Applicant 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 5 item 29 (C-3) OA No.4540/2025 to leave Gujarat without prior permission. It is contended that such modification was procured on the basis of misrepresentation and constituted a fraud upon the court.
7. The Applicant was placed under suspension on 18.11.2 18.11.2022 022 and was served with a charge sheet dated 21.08.2024. While his challenge to suspension was pending before the Principal Bench of the Tribunal, the Department revoked the suspension on 20.06.2025 and on the very same day issued Transfer Order No. 162/20 162/2025 25 transferring him to the North Eastern Region, followed by a posting order dated 25.06.2025 to Guwahati. Subsequently, by judgment dated 28.07.2025, the Tribunal quashed the suspension holding it to be arbitrary and violative of Rule 10 of the CCS (CCA) Rules, 1965. The Applicant submits that the contemporaneous issuance of the transfer order with revocation of suspension demonstrates punitive intent and nullifies the effect of reinstatement.
8. It is further submitted that the Applicant is presently faci facing ng eleven distinct proceedings and investigations instituted by multiple agencies including the CBI, the Directorate of Enforcement, the Department of Revenue and internal vigilance authorities, primarily at Ahmedabad and New Delhi. Between 07.07.2025 and 27.09.2025, he has attended twenty-five five appearances before various forums. The transfer to Guwahati, over 2,600 kilometers away, imposes severe logistical and financial hardship, with limited train and air connectivity and high travel costs, rendering it practically practically impossible to effectively defend the pending proceedings and comply with bail obligations. 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 6 item 29 (C-3) OA No.4540/2025
9. The Applicant has not been paid salary since September 2022 and has not received any subsistence allowance during suspension. It is contended that such deprivation constitutes financial strangulation and violates Articles 14 and 21 of the Constitution of India. The Applicant is also undergoing treatment for degenerative spinal disease, hypertension and anxiety disorders, and has placed medical records on record. His minor son is studying in Class IX in Ahmedabad and his wife, who has been arrayed as co-accused co accused in certain proceedings, is required to attend investigations and court hearings. It is submitted that the transfer disregards compassionate and medical medical considerations mandated under Clause 6 of the CBDT Transfer and Placement Guidelines, 2010.
10. Counsel for the applicant submitted that the impugned transfer is punitive, malafide, and vitiated by extraneous considerations; that it violates the Applicant's Applicant's fundamental right to a fair trial and access to justice under Article 21; that it disregards binding judicial directions of the Tribunal and the Hon'ble High Court; that it is contrary to the CBDT Transfer Guidelines; that it is disproportionate and non-speaking;
speaking; and that it amounts to an abuse of power and fraud upon the court. It is therefore prayed that the impugned transfer order be set aside and appropriate reliefs be granted in the interest of justice.
11. Counsel for the respondents has filed the counter affidavit and submitted that the applicant was posted as Addl. CIT in Central Range Range-1, 1, Ahmedabad in September 2021. An FIR was registered against him on 04.10.2022 by ACB, Ahmedabad for alleged demand of illegal gratification. Subsequently, in light of the said developments, administrative decisions were taken by the competent authority in 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 7 item 29 (C-3) OA No.4540/2025 accordance with the applicable rules and guidelines. His suspension, which had been ordered earlier, was reviewed from time to time and was eventually revoked vide order dated 20.06.2025. Thereafter, pursuant to the recommendations of the Placement Committee, he was transferred to the North Eastern Region vide CBDT Order No. 162 of 2025 dated 20.06.2025. He joined the NER on 07.07.2025. The representations dated d 29.07.2025, 15.08.2025 and 17.09.2025 submitted by the applicant seeking transfer on compassionate grounds were duly considered by the Competent Authority but were found devoid of merit.
12. The applicant has now filed the present O.A. dated 25.10.2025 before efore the Principal Bench of the Central Administrative Tribunal Tribunal,, New Delhi seeking quashing of the transfer orders. The conclusions drawn in the synopsis are based on the applicant's own interpretations and are not borne out from the record.
13. With reference reference to the averments regarding the letter dated 10.05.2025, it is submitted that the word "withdrawn" was inadvertently mentioned instead of "quashed." The letter was issued only to clarify the status of the transfer order dated 10.10.2022 and the effect of the CAT order dated 19.12.2024. It is specifically denied that the Department filed its appeal belatedly. The Department filed its appeal against the CAT order dated 19.12.2024 on 09.05.2025 before the Hon'ble High Court of Delhi. Therefore, the allegation allegation that the appeal was filed nearly two weeks after issuance of the letter dated 10.05.2025 is factually incorrect and is a misrepresentation before this Hon'ble Tribunal.
14. It is further submitted, as a preliminary objection, that the present O.A. is not maintainable before the Principal Bench at New Delhi as the 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 8 item 29 (C-3) OA No.4540/2025 applicant was transferred from Ahmedabad to the North Eastern Region, and therefore the issue of jurisdiction deserves consideration at the threshold.
15. On merits, it is submitted that the ttransfer ransfer and posting orders were issued strictly in consequence of the recommendations of the Placement Committee and in accordance with the Transfer/Placement Guidelines, 2010. The transfer order dated 10.10.2022 and the subsequent CBDT Order No. 162 of 2025 2025 dated 20.06.2025 were passed on administrative grounds and in public interest. Paras 7.1 and 7.2 of the Transfer/Placement Guidelines, 2010 clearly empower the Placement Committee to transfer or post any officer to any station/region at any time in public public interest or on administrative exigencies. Therefore, the allegation that the transfer was arbitrary, punitive, or mala fide is categorically denied.
16. The applicant's representations dated 18.11.2022 and 28.12.2022 were duly examined and disposed of by by speaking orders. The subsequent representations raising similar grounds were also considered and rejected as being devoid of merit. The fact that the applicant chose to address a representation directly to the Chairman, CBDT does not confer any enforceable enforceable right upon him for retention at a particular station.
17. It is further submitted that in light of the FIR registered at Ahmedabad, which was later transferred to CBI, the applicant was placed under suspension under Rule 10(1) of the CCS (CCA) Rules, 19 1965 65 vide order dated 18.11.2022. The suspension was reviewed periodically. Though the Hon'ble CAT allowed O.A. No. 1153/2024 vide order dated 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 9 item 29 (C-3) OA No.4540/2025 28.07.2025, the Competent Authority has decided to challenge the same before the appropriate forum.
18. The Placement Placement Committee, while recommending transfer to the North Eastern Region, took into account the serious and grave nature of allegations against the applicant, including multiple FIRs registered by CBI under the Prevention of Corruption Act and related provisi provisions, ons, ongoing investigation by the Enforcement Directorate under PMLA, departmental proceedings, and vigilance inspection. The Committee was of the considered view that the officer should be kept away from the Gujarat region to ensure fairness of investigat investigation ion and to prevent any possibility of tampering with evidence or influencing witnesses. These considerations are squarely within administrative domain and in furtherance of public interest.
19. It is also pertinent that the Hon'ble High Court of Gujarat, w while hile granting bail to the applicant vide orders dated 19.12.2022 and 27.10.2023, directed him not to induce, threaten, or promise any person acquainted with the facts of the case and not to obstruct or hamper investigation. The administrative decision to ttransfer ransfer the applicant was consistent with ensuring compliance with such directions and maintaining institutional integrity.
20. The contention that the transfer order dated 20.06.2025 is punitive or issued under the guise of administrative necessity is who wholly lly misconceived. No officer has a vested right to be posted at a particular station. Fundamental Rule 11 provides that the whole time of a Government servant is at the disposal of the Government and he may be employed in any manner required by the proper authority. The law laid 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 10 item 29 (C-3) OA No.4540/2025 down by the Hon'ble Supreme Court consistently holds that transfer is an incidence of service and courts should not interfere unless the order is vitiated by mala fides or statutory violation, neither of which is established in the present case.
21. The plea of financial hardship and travel expenses is not a legally sustainable ground for cancellation of a transfer order. It is neither practicable nor desirable for the Department to regulate postings on the basis of personal litigations litigations or cases of individual officers. The allegation that the Respondents have deliberately attempted to financially cripple the applicant is denied. The delay in processing certain claims occurred because the original service book was filed before the comp competent etent criminal court, and steps have already been taken to obtain certified copies for processing any admissible dues.
22. The repeated assertion that the transfer violates the doctrine of proportionality or is actuated by malice is baseless. The transfer orders were passed upon due consideration of relevant material by the Placement Committee, as reflected in its recorded minutes. The action was neither arbitrary nor punitive but purely administrative and in public interest.
23. In response to the averments averments made in the counter affidavit, counsel for the applicant has filed the rejoinder and submitted that the he impugned actions represent a classic colourable exercise of power, wherein administrative discretion has been weaponized to achieve an unauthorized punitive punitive result. The commissions and omissions of the respondents reflect arbitrariness and defiance of settled judicial precedents, seeking to perpetuate the applicant's victimization through a 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 11 item 29 (C-3) OA No.4540/2025 vindictive placement to the North Eastern Region (NER), approxi approximately mately 2,600 kilometres away from Ahmedabad and New Delhi, where eleven critical legal proceedings, including criminal trials, proceedings under the Prevention of Money Laundering Act, and disciplinary matters, are presently pending.
24. The earlier transfer transfer order dated 10.10.2022 was quashed by the Principal Bench of the Central Administrative Tribunal in OA No. 1152/2024, and the said decision was upheld by the Delhi High Court on 14.07.2025, inter alia, on the ground that the transfer jeopardized the applicant's licant's defence under Article 21 of the Constitution of India. Shockingly, the impugned Placement Order No. 162/2025 dated 20.06.2025 was issued on the very same day that the applicant's suspension was revoked. This followed a submission dated 10.05.2025 before the learned Trial Court wherein the department represented that the earlier transfer order had been "withdrawn" rather than "quashed,"
thereby procuring modification of bail conditions and paving the way for a distant posting.
25. The Placement Committee Minutes reveal a clear punitive intent by presuming guilt in the absence of conviction, contrary to settled law including the principle laid down in Somesh Tiwari v. Union of India India.. The withholding of salary and subsistence allowanc allowance e for 38 months, despite more than twenty representations, has resulted in extreme financial hardship. The applicant has defaulted on rent and school fees, and his family has been compelled to depend upon extended family for basic sustenance. Such conduct constitutes a grave violation of natural justice, human dignity, and Article 21.1
LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 12 item 29 (C-3) OA No.4540/2025
26. The posting to the NER ensures logistical impossibility in effectively attending court proceedings, aggravates serious health concerns, and exposes the applicant to risks in complying with bail conditions. The respondents' reply is vague, self self-contradictory, contradictory, and suppresses relevant details. It ignores Para 6 and Para 6.3 of the Transfer and Placement Guidelines, which mandate consideration of compassionate grounds and representations.
representations. It also disregards binding judicial orders and the overarching requirement of protecting Article 21 rights.
27. The Counter Affidavit is a classic instance of suggestio falsi and suppressio veri. The extraordinary coincidence whereby the applic applicant's ant's suspension was revoked and, on the very same day, a placement order was issued posting him to Guwahati, demonstrates premeditation. The revocation of suspension was used merely as a technical prerequisite to effectuate a punitive exile rather than ge genuine nuine reinstatement in accordance with law.
28. The jurisdictional objection raised by the respondents is legally untenable. The impugned Order No. 162/2025 dated 20.06.2025 was issued by the CBDT at New Delhi placing the applicant at the disposal of the Pr.
r. CCIT (NER). The cause of action substantially arose in New Delhi, including vigilance inputs and decision decision-making making processes. The respondents participated in OA No. 1152/2024 before the same Principal Bench without raising jurisdictional objections, and tthe he decision was upheld by the Delhi High Court. The respondents cannot now seek to re re--
agitate jurisdiction or engage in forum shopping.1
LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 13 item 29 (C-3) OA No.4540/2025
29. No administrative necessity has been recorded in the Placement Minutes justifying placement to NER. There is complet complete e silence regarding balancing requirements under Para 6 of the Guidelines concerning health, family, and legal needs. Representations dated 29.07.2025, 15.08.2025, and 17.09.2025 were never formally rejected through a reasoned order. The alleged consideration consideration remains undisclosed and unsupported by material.
30. The annexing of the FIR by the respondents is an attempt to prejudice the Tribunal. The mere existence of an FIR does not entitle the department to violate statutory guidelines. The Supreme Court in Somesh Tiwari has categorically held that transfer cannot be used as a substitute for punishment or based on presumed guilt in a criminal case.
31. The admission that the Trial Court was informed on 10.05.2025 that the earlier order had been "withdrawn," w when hen in fact it had been quashed, is not a minor inadvertence but a serious misstatement. No action has been shown to have been taken against the concerned officials. The Placement Order dated 20.06.2025, built upon this foundation, is vitiated and liable to to be quashed.
32. The withholding of salary and subsistence allowance for 38 months violates Article 21, impairs the applicant's ability to defend himself, and amounts to punishment without trial. Despite more than twenty representations, no meaningful action action was taken. The explanation that the service book was before the Trial Court is untenable, particularly when the request for certified copies was made only on 16.12.2025 after prolonged inaction. Such conduct amounts to financial strangulation and demonstrates strates mala fide intent.1
LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 14 item 29 (C-3) OA No.4540/2025
33. The respondents' reliance on general transfer precedents is misplaced. Those decisions apply to bona fide administrative transfers in public interest. The present case is marked by absence of recorded public interest justification, justification, failure to consider compassionate grounds, proven inconsistencies in submissions before courts, and infringement of Article
21 rights relating to livelihood and fair trial. The exception carved out in those precedents for mala fide or constitutionall constitutionally y infirm transfers squarely applies.
34. The Placement Committee's decision suffers from failure of proportionality, obstruction of justice by creating functional barriers to effective legal defence, and malice in law by relying on unproven allegations as a basis for removal. Administrative power cannot be exercised to throttle constitutional guarantees. Fundamental Rule 11 and Para 7 of the Guidelines cannot override Article 21.
35. The impugned order, styled as a placement, is punitive in effect and constitutes a colourable exercise of power. It has been used to uproot the applicant from the base of his legal defence, while simultaneously depriving him of emoluments necessary for sustenance and defence. The invocation of "public interest" is a façade masking punitive intent.
36. We have heard the learned counsel for the parties and perused the pleadings available on record.
37. The core issue which arises for consideration is whether the impugned Transfer/Placement Order No. 162/2025 dated 20.06.2025, issued by the Central Board of Direct Taxes (CBDT), transferring the 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 15 item 29 (C-3) OA No.4540/2025 applicant to the North Eastern Region and the consequential posting at Guwahati, can be sustained in law in the facts and circumstances of the present case.
38. It is not in dispute that the earlier transfer order dated 10.10.2022, whereby the applicant was transferred to the North Eastern Region, was quashed by the Principal Bench of the Central Administrative Tribunal in O.A. No. 1152/2024. The said decision was affirmed by the Hon'ble High Court of Delhi in W.P.(C) No. 7511/2025 vide order dated 14.07.2025. A significant consideration which weighed with the Tribunal, and which found approval by the Hon'ble High Court, was that the transfer to a far far--
flung region would seriously prejudice the applicant's ability to effectively defend the multiple criminal and departmental proceedings pending against him at Ahmedabad and New Delhi, thereby impacting his rights under Article 21 of the Constitution of India.
39. The respondents have sought to justify the present transfer on the ground that it is an independent administrative decision taken by the Placement Committee in public interest and in terms of the Transfer/Placement Guidelines, 2010, particularly Paras 7.1 and 7.2 thereof. It is settled law that transfer is an incidence of service and that courts ordinarily do not interfere unless the order is vitiated by mala fides, statutory violation, or is passed in colourable exercise of power. However, this principle is not absolute. Where a transf transfer, er, though styled as administrative, results in substantial impairment of constitutional or legal rights, judicial review is not excluded.
40. In the present case, certain undisputed facts assume significance. First, the impugned order dated 20.06.2025 was issued on the very same 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 16 item 29 (C-3) OA No.4540/2025 day on which the applicant's suspension was revoked. Second, the applicant is facing multiple proceedings, including criminal cases investigated by the Central Bureau of Investigation and proceedings under the Prevention of Money Laundering Laundering Act, primarily at Ahmedabad and New Delhi. Third, between July and September 2025, the applicant has attended numerous appearances before different fora in those jurisdictions. The distance between Guwahati and Ahmedabad/New Delhi is considerable, considerable, and the logistical burden is neither speculative nor illusory.
41. While the respondents contend that the transfer is necessary to keep the applicant away from the region where the FIR was registered, such reasoning had already been examined in the earli earlier er round of litigation culminating in the order of the Principal Bench dated 19.12.2024. The respondents have not placed on record any substantially new material demonstrating fresh administrative exigency that would justify reiterating, in substance, the very relocation which was earlier found unsustainable on grounds affecting the applicant's right to fair defence.
42. The timing of the revocation of suspension and simultaneous issuance of the placement order, though not conclusive by itself, lends credence ce to the applicant's contention that the reinstatement was rendered illusory. Reinstatement must be meaningful. If an officer, immediately upon revocation of suspension, is posted to a distant station in circumstances that materially obstruct his particip participation ation in ongoing judicial proceedings, the action warrants closer scrutiny. 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 17 item 29 (C-3) OA No.4540/2025
43. The right to livelihood and the right to fair trial are facets of Article
21. Administrative discretion under Fundamental Rule 11 and the Transfer/Placement Guidelines cannot be be exercised in a manner that effectively disables an employee from defending himself in pending criminal and departmental proceedings. The respondents were under a duty to balance institutional interest with the applicant's legitimate need to be present, on on a continuous and practical basis, before the courts and authorities where proceedings are pending. The Placement Committee minutes placed before us do not reflect due consideration of this balancing exercise, nor do they demonstrate that compassionate an and d medical grounds, as required under Clause 6 of the Guidelines, were meaningfully evaluated.
44. The objection as to territorial jurisdiction is also without merit. The impugned order was issued by the CBDT at New Delhi, and substantial part of the decision-making decisi making process occurred within the jurisdiction of this Bench. Moreover, in the earlier round of litigation between the same parties concerning substantially similar issues, jurisdiction was neither declined nor negatived, and the decision was affirmed by the Hon'ble High Court of Delhi.
45. In view of the above discussion, we are of the considered opinion that the impugned Transfer/Placement Order No. 162/2025 dated 20.06.2025 and the consequential posting orders, insofar as they post the applicant to Guwahati Guwahati in the North Eastern Region, cannot be sustained. The same are liable to be quashed. Accordingly, the impugned Order No. 162/2025 dated 20.06.2025 and consequential posting orders dated 25.06.2025 and 25.09.2025 are set aside. The respondents are 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 18 item 29 (C-3) OA No.4540/2025 directed irected to consider and issue appropriate posting orders placing the applicant at Ahmedabad or, in the alternative, at New Delhi, or at any other nearby station where the majority of the pending criminal and departmental proceedings are being conducted, so as to enable him to effectively and continuously defend those proceedings. Such exercise shall be completed within a period of two months from the date of receipt of a copy of this order.
46. As regards the claim for release of withheld salary and subsist subsistence ence allowance, the respondents are directed to process and release all admissible dues in accordance with law within a period of eight weeks from the date of receipt of a copy of this or order.. In the event any amount is found payable and has been unjustifia unjustifiably bly withheld, the same shall carry interest at the applicable GPF rate from the date it became due till actual payment.
47. With the above directions, the the Original Application is allowed. No order as to costs.
(Dr. Sumeet Jerath) (Harvinder Kaur Oberoi)
Member (A) Member(J)
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LALIT
CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5