Central Administrative Tribunal - Chandigarh
Rahul Moudgil vs Nvs on 12 January, 2026
1- O.A. No. 771/2024
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
Original Application No.060/771/2024
Pronounced on: 12.01.2026
Reserved on: 08.12.2025
CORAM: HON'BLE MR. SURESH KUMAR BATRA, MEMBER (J)
Rahul Moudgil, aged about 41 years S/o Sh. Naresh Paul r/o 3236/1
Sector 21-D, Chandigarh. (Group C)
... Applicant
By Advocate: Mr. Aseem Rai
Versus
1. Union of India, Ministry of Education, Shastri Bhawan, Dr. Rajendra
Prasad Road, New Delhi 110001, through its Secretary.
2. Navodaya Vidyalaya Samiti, B-15, Institutional Area, Sector-62,
Noida, Uttar Pradesh 201307 through its Commissioner.
3. Deputy Commissioner, Navodaya Vidyalaya Samiti, Regional Office
(Chandigarh), Bay Office Nos.26-27, Sector 31-A, Chandigarh.
4. Principal, Jawahar Navodaya Vidyalaya, Rakoli, District Mohali,
Punjab.
5. Sh. Dinesh Sarwaswat, then I/C Principal, Jawahar Navodaya
Vidyalaya, Rakoli, District Mohali, Punjab (presently posted as Vice
Principal, Jawahar Navodaya Vidyalaya, Sector 25, Chandigarh).
6. Principal, Jawahar Navodaya Vidyalaya, Village Awan, PO-Ramdas,
District Amritsar, Punjab.
Digitally 7. Principal, Jawahar Navodaya Vidyalaya, Sandhuan, District Rupnagar,
signed by
MAMTA Punjab.
WADHWA
... .Respondents
By Advocate: Mr. Barjesh Mittal
2- O.A. No. 771/2024
ORDER
Per: SURESH KUMAR BATRA MEMBER (J):-
1. The present Original Application has been filed under Section 19 of the Administrative Tribunals Act, 1985 seeking quashment of transfer order dated 04.07.2024 (A-10) being illegal, arbitrary, punitive and stigmatic in nature.
2. The facts of the case, in brief, are that the applicant was initially appointed as Laboratory Attendant under Navodaya Vidyalaya Samiti on 01.03.2005 at JNV Kaza, District Lahaul & Spiti, Himachal Pradesh and thereafter joined JNV Moga, Punjab on 12.08.2006. He was subsequently transferred to JNV Mohali in June 2015. The post of Laboratory Attendant was initially a Group 'D' post, however after implementation of the 7th CPC, it stands classified as Group 'C', in Level-1 of Pay Matrix (Rs. 18000-56900 G.P. 1800). The applicant has throughout maintained satisfactory work and conduct in his service career and has consistently received benchmark APAR gradings except during 2016, when owing to the unfortunate demise of his 5-year-old son due to brain tumour, he slipped into depression and remained under treatment. During this period, a Show Cause Notice dated 07.04.2016 was issued for alleged short absence in January-February 2016, to which the applicant replied on 27.04.2016, and thereafter an Advisory Memo dated 02.06.2016 (Annexure A-1) was issued. The applicant's family consisting of his widowed mother and wife resides at Chandigarh;
Digitally signed by MAMTA his father expired in the year 2022. WADHWA
3. In November 2023, after an unfortunate incident of a Class 6 student committing suicide within JNV Mohali premises on 23.11.2023, 3- O.A. No. 771/2024 respondent authorities visited the school, initiated action against several officials and assigned charge of Principal to the then Vice Principal, JNV Chandigarh. Thereafter, the applicant faced harassment. Although he had been residing in the staff quarter w.e.f. August, 2015 to August, 2020, he vacated staff accommodation in 2020 due to shortage, he was allotted Quarter No. 32 on 29.11.2023 (Annexure A-2) which was in dilapidated condition. Despite repeated written requests dated 09.02.2024, 06.03.2024 and 07.03.2024 (Annexure A-3 Colly) for repairs, the respondent no. 5 continued to pressurize to immediately shift, vide letter dated 06.03.2024 (Annexure A-4), resulting in severe depression requiring treatment as proved by OPD slips dated 16.02.2024 and 23.02.2024 (Annexure A-5 Colly). He shifted only on 23.03.2024 after he was assured that the requisite repairs had been done in the premises. Meanwhile, he received letter dated 10.01.2024 (served on 07.03.2024) issuing warning regarding alleged lapses pointed out in inspection conducted on 12.12.2023 vide report submitted on 15.12.2023 (Annexure A-6).
4. Sensing hostile attitude, the applicant submitted a detailed representation to Commissioner, NVS on 12.04.2024 (Annexure A-7), but instead of processing the same, he was temporarily attached to JNV Amritsar, on the same day (Annexure A-8 Colly). As no response was received, another representation dated 18.06.2024 was submitted (Annexure A-9), which is still undecided. Despite pendency of Digitally representations, transfer order dated 04.07.2024 transferring the signed by MAMTA WADHWA applicant to JNV Ropar with immediate effect was issued (Annexure A-
10), referring only to Advisory Memo of 02.06.2016 and inspection report findings of 12.12.2023 while omitting the fact that he had already 4- O.A. No. 771/2024 been warned for the same. Prior to this, the applicant had applied Earned Leave for pilgrimage to Shri Amarnath from 01.07.2024 to 13.07.2024 supported by emails dated 01.07.2024, however, the request was declined on 02.07.2024 (Annexure A-11 Colly). Relieving order dated 04.07.2024 was issued during his travel (Annexure A-12 Colly) which he came to know only on his return on 13.07.2024; he has not been relieved and no substitute has joined. Subsequently, a Charge Memorandum dated 11.07.2024 (Annexure A-13) was issued at JNV Ropar regarding incidents of 2016 and 2023, despite earlier advisory note and warning. Thus, left remediless, the applicant has approached this Tribunal.
5. The applicant challenges the impugned transfer order dated 04.07.2024 primarily on the grounds that it is stigmatic, punitive and based on irrelevant past events of 2016 and 2023 which have already been dealt with through Advisory Memo dated 02.06.2016 and Warning dated 10.01.2024, thereby constituting malafide exercise of power, suffering from malice in law and being in lieu of punishment rather than administrative exigency. The transfer order relies upon long-settled issues and forms adverse opinion without any fresh material, ignoring mitigating circumstances of 2016 and consistent benchmark APARs thereafter. The alleged lapses of 2023 were already visited with a warning and therefore cannot again form basis for transfer, amounting to double jeopardy. Parallelly, issuance of Charge Memo dated Digitally 11.07.2024 seeking to reopen the same incidents reflects hostile and signed by MAMTA WADHWA vindictive attitude. Further, the impugned transfer is contrary to Transfer Policy 2021 (Annexure A-14), wherein Lab Attendant cadre stands excluded from displacement transfer category and enjoys 5- O.A. No. 771/2024 exception under para 3(j) and para 4.1(b), thereby rendering the transfer contrary to policy intent of protecting low paid cadres from hardship. The action is also unreasonable, arbitrary, harsh, and against settled judicial principles including observations regarding hardship to Class III and IV employees, besides the legal position laid down in Somesh Tiwari v. Union of India, (2009) 2 SCC 592 that transfer when based on irrelevant considerations or punitive intent amounts to malice in law and is liable to be interfered with. Therefore, the impugned transfer being punitive, policy-violative, arbitrary and unfair, warrants quashing in the interest of justice.
6. The respondents no. 2 to 4, 6 and 7, in their written statement, have opposed the Original Application and justified the impugned transfer dated 04.07.2024 (A-10) as legal, bona fide and in administrative exigencies. It has been submitted that Navodaya Vidyalaya Samiti is an autonomous organization under the Ministry of Education and functions as a fully residential schooling system, where it is mandatory for staff to reside in the Vidyalaya campus. The applicant, however, never stayed in the Vidyalaya and continued to commute daily from his residence at Chandigarh, despite repeated instructions. It is further submitted that following the unfortunate incident of a Class VI student committing suicide on 23.11.2023, a Regional Office level inquiry was conducted and the Inquiry Committee submitted its detailed report dated 15.12.2023, appended as Annexure R-2/1, wherein serious Digitally deficiencies were noticed in the functioning of the Vidyalaya and it was signed by MAMTA WADHWA specifically recorded that the applicant was casual and indifferent towards his duties, failed to maintain proper cleanliness and upkeep of laboratories, did not prepare any duty schedule and was negligent in 6- O.A. No. 771/2024 other responsibilities. Similar observations were earlier recorded in Panel Inspection Reports for 2022-23 and 2023-24 which are enclosed with Annexure R-2/1 (Colly).
7. On account of the above, an advisory/warning letter dated 10.01.2024 (A-6) was issued to the applicant, but since the same was in fact issued belatedly on 06.03.2024, the concerned Principal was also issued an advisory memo dated 06.05.2024, placed on record as Annexure R-2/2. The respondents submit that despite issuance of warning, the applicant did not improve his conduct and continued to remain irregular and casual in attending duties and also failed to shift to the allotted residential accommodation. To substantiate this, biometric attendance data from October 2023 to April 2024 has been produced as Annexure R-2/3, which, according to the respondents, clearly demonstrates that the applicant frequently left before school hours and remained absent for more than 15 days in a month during peak academic session, in disobedience of the directions of the Principal including communication dated 06.03.2024 (A-4).
8. It has been stated that considering his persistent indiscipline and indifferent attitude, the competent authority temporarily attached him to JNV Amritsar vide order dated 12.04.2024 (A-8) and he was relieved on the same day. However, even thereafter he allegedly remained mostly on leave and practically worked only on 18.04.2024 and 30.04.2024 till 03.07.2024. His leave applications, joining details and related Digitally signed by MAMTA correspondence have been collectively appended as Annexure R-2/5. WADHWA The respondents further rely upon NVS Headquarters circular dated 30.01.2024 regarding reporting back after vacations, placed as 7- O.A. No. 771/2024 Annexure R-2/4, to contend that instead of reporting, the applicant sought Earned Leave vide email dated 01.07.2024, appended as Annexure R-2/6, which was never sanctioned. It is also stated that he again remained on medical/earned leave from 14.07.2024 to 23.07.2024 as reflected in communication dated 13.08.2024, placed as Annexure R-2/7. Even after grant of interim protection by this Tribunal on 23.07.2024 and resumption of duties at JNV Mohali, the applicant continued to remain irregular, as according to the respondents, biometric record for August to October 2024 produced as Annexure R- 2/8 shows that he frequently left early and attended duties for only 20- 22 days per month despite the Vidyalaya functioning six days a week.
9. On the above factual premise, the respondents assert that the transfer of the applicant to JNV Ropar vide order dated 04.07.2024 (A-
10) is neither punitive nor stigmatic but is purely in administrative exigencies, to ensure discipline and smooth functioning of a fully residential institution. Reliance is placed upon the judgment of Hon'ble Supreme Court in Union of India & Ors. Vs. Janardan Debanath & Ors., decided on 13.04.2002, to contend that transfer made on administrative grounds to enforce decorum and efficiency does not require detailed departmental inquiry and cannot be interfered with lightly. The Transfer Policy is stated to be only an administrative guideline without conferring any vested right, and does not bar transfer of employees in public interest. It is thus pleaded that no mala fides, Digitally arbitrariness or illegality are made out and the OA being misconceived signed by MAMTA WADHWA and devoid of merit deserves dismissal.
8- O.A. No. 771/2024
10. The applicant filed rejoinder stating that the respondents are now trying to add new allegations which were never mentioned in the transfer order dated 04.07.2024. They are attempting to justify the transfer later by giving fresh reasons, which is not legally allowed. It is stated that even earlier, the respondents could not show any proper or recent material to justify the transfer, and therefore these new allegations cannot be relied upon now. He further submitted that he cannot be blamed for any issues which were the responsibility of the then Principal or higher authorities. Regarding government accommodation, he stated that the matter is governed by NVS rules and the respondents are presenting the facts selectively. He also submitted that the biometric attendance system was faulty and had affected many staff members, therefore relying only on that system without full record is unfair. He also submitted that the temporary attachment to JNV Amritsar happened due to compelling and difficult circumstances, and events occurring later cannot be used to justify the earlier transfer. The respondents are also wrongly showing working days without mentioning the summer vacation period. The applicant stated that these new facts are disputed, biased, and introduced only to cover up the illegal transfer, and the judgments relied upon by the respondents do not apply to the present case.
11. I have gone through the pleadings, perused the material available on file and considered the rival contentions of both sides. Digitally signed by MAMTA 12. The question that arises for consideration is whether the WADHWA impugned transfer order dated 04.07.2024 was issued in accordance 9- O.A. No. 771/2024 with law and whether the reasons now relied upon by the respondents can legally justify the transfer.
13. The applicant initially joined the services of Navodaya Vidyalaya Samiti and was substantively posted at JNV Mohali. During the relevant period, he was transferred/attached to JNV Amritsar vide order dated 18.04.2024 and thereafter, the impugned transfer order dated 04.07.2024 was issued transferring him from JNV Mohali to JNV Ropar (Annexure A-10). It is also not in dispute that the applicant availed leave from 19.04.2024 to 27.04.2024 and thereafter proceeded on summer vacation from 01.05.2024 to 30.06.2024. Further, during the initial hearing before this Tribunal, the respondents themselves stated that they were unable to produce any record existing at the time of issuance to justify the transfer order. The applicant resumed duties at JNV Mohali pursuant to the interim order dated 23.07.2024 and clarification order dated 30.07.2024. These facts are undisputed on the record.
14. The applicant's foremost contention is that the transfer is based on the same allegations, which were earlier addressed through an Advisory Memo dated 02.06.2016 (Annexure A-1) and the Warning dated 10.01.2024 (Annexure A-6). He submitted that using these same allegations again as a basis for transfer amounts to double jeopardy and demonstrates mala fide intent and bias, particularly on the part of respondent No. 5. The respondents contended that the applicant Digitally signed by MAMTA continued to behave casually and negligently, justifying the transfer WADHWA (Annexures R-2/2, R-2/8). On examination of the record, it is clear that there is no evidence of new lapses by the applicant after issuance of the 10- O.A. No. 771/2024 advisory and warning. The Tribunal observes that the transfer order dated 04.07.2024 reiterates the same grounds that were already subject to inquiry and for which the applicant had already been formally cautioned. This indicates a punitive approach rather than administrative necessity. The sequence and pattern of events, including the issuance of warning and transfer by the same authority, establishes a clear case of bias and mala fide exercise of power. The Tribunal finds that the order was intended to penalize the applicant rather than address any genuine administrative exigency. This aspect of malafide intent is further reinforced by the selective presentation of facts by the respondents, ignoring leave, vacation periods, and accommodation constraints, to portray the applicant as negligent.
15. Another key contention raised by the applicant relates to the arbitrary and unreasoned nature of the transfer order. The applicant submitted that the reasons now advanced by the respondents in the written statement -- including alleged casual approach to duties, attendance irregularities, and non-residence in campus -- were not considered when the order was originally issued and are an afterthought (Annexures R-2/3, R-2/5, R-2/8). The respondents argued that the transfer was done in administrative interest. The Tribunal notes that the respondents could not refer to any referred to any subsequent or new event of negligence or disobedience on the part of the applicant in the impugned transfer order during the period from issuance of warning Digitally dated 10.01.2024 till the issuance of impugned transfer order dated signed by MAMTA WADHWA 04.07.2024, as has been recorded by this Tribunal while granting the interim order dated 23.07.2024. Introducing new reasons after a delay of several months cannot cure the inherent defects of the transfer order. 11- O.A. No. 771/2024 Administrative orders must be judged based on the facts and reasons existing at the time of issuance of order, and post facto justifications are legally impermissible. The impugned transfer thus cannot be sustained on these newly raised grounds. The abnormality in impugned order is also noticed as the impugned transfer order is not a simple transfer order, rather a detailed order, wherein the ratio of judgment of the Hon'ble Court has been referred to, but no administrative exigencies to pass such order have been given in the order.
16. The applicant has also challenged the contentions regarding accommodation and residence in campus. He has submitted that he vacated Quarter No. 34 on directions of the Principal in 2020 due to priority allotment of other staff, and the quarter allotted on 29.11.2023 (Annexure A-2) was in dilapidated condition. Despite repeated requests for repairs dated 09.02.2024, 06.03.2024, and 07.03.2024 (Annexure A-3 Colly) and the letter of 06.03.2024 (Annexure A-4), he could only shift on 23.03.2024 (Annexure A-5 Colly). The respondents contended that staff were required to reside in campus. The Tribunal notes that NVS (Allotment of Residence) Rules, 2011, provide for priority-based allocation of quarters (Rule 7(1), Annexure A-14). Laboratory attendants do not fall under the priority category, and the applicant had in fact stayed in campus from August 2015 to August 2020. Therefore, non- availability or delayed shifting cannot justify transfer.
17. The applicant further contended that the respondents Digitally signed by MAMTA misrepresented his attendance at JNV Amritsar during attachment from WADHWA 18.04.2024. The respondents stated that the applicant practically worked only for two days, relying on Annexures R-2/4 and R-2/5. The 12- O.A. No. 771/2024 Tribunal finds this misleading because the applicant was on approved leave from 19.04.2024 to 27.04.2024 and thereafter on recognized summer vacation from 01.05.2024 to 30.06.2024. Additionally, the biometric attendance system had technical issues affecting multiple staff members, and there is no evidence that the applicant was given an opportunity to clarify discrepancies. Therefore, attendance cannot serve as a valid ground for transfer.
18. Finally, the applicant submitted that subsequent events, after the issuance of the transfer order 04.07.2024, cannot be used to justify the transfer. The respondents have attempted to rely on these events as justification. A reference has been made to letters dated 13.08.2024 (Annexure R-2/7) and Annexure R-2/8 regarding attendance for the month of August, 2024 to October, 2024. The Tribunal observes that administrative orders must be evaluated based on facts existing at the time of issuance, and subsequent developments cannot be used to validate an otherwise arbitrary and mala fide order. Though transfer is ordinarily an incident of service, it is now well settled by the Hon'ble Supreme Court in Somesh Tiwari v. Union of India (supra) that a transfer order must be founded on legitimate administrative exigency and cannot be effected as a punitive measure or on extraneous considerations. In the present case, the respondents have not been able to demonstrate any compelling administrative necessity or public interest warranting the applicant's transfer, nor does the order disclose Digitally any such justification. The circumstances surrounding the transfer signed by MAMTA WADHWA indicate arbitrariness and lack of bona fides, attracting the principle laid down in the aforesaid judgment. In these facts, the impugned transfer order is vitiated and is liable to be interfered with. 13- O.A. No. 771/2024
19. Considering all these aspects, the Tribunal finds that the impugned transfer order dated 04.07.2024 was issued on the same allegations that had already been addressed through prior advisory/warning, demonstrates bias and mala fide intent, particularly on the part of respondent No. 5, selectively presents facts, misrepresents leave and vacation periods, and relies on disputed attendance data, introduces new reasons months after the transfer order, which were not part of the original decision-making, and is arbitrary, punitive, and legally unsustainable.
20. Accordingly, the Original Application is allowed. The impugned transfer order dated 04.07.2024 is quashed and set aside. The applicant shall continue at his substantive place of posting at JNV Mohali. All consequential benefits shall follow in accordance with rules. No order as to costs.
(SURESH KUMAR BATRA) MEMBER (J) Dated: 12.01.2026 'mw' Digitally signed by MAMTA WADHWA