Tapas Kumar Mandal vs South Eastern Railway on 4 July, 2025

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Central Administrative Tribunal - Kolkata

Tapas Kumar Mandal vs South Eastern Railway on 4 July, 2025

1 O.A./350/1389/2024 CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH, KOLKATA O.A/350/1389/2024 Date of Hearing:- 23/06/2025.

Date of Order:- 04/07/2025.

Coram: Hon'ble Mr. Anindo Majumdar, Administrative Member.

Tapas Kumar Mandal, son of late Phanindra Nath Mandal, date of birth 26.12.1966 residing at Garia 9, Natunpara, Dr. B.R. Ambedkar Road (4th Lane) Post Office- Garia, Kolkata- 700084 presently working in the post of Senior Technician at Santragachi, Mechanical (C&W).

...........Applicant

-Versus-

1) Union of India, represented through General Manager, South Eastern Railway, Garden Reach, Kolkata- 700043.

2) The Senior Divisional Personnel Officer, South Eastern Railway, Kharagpur, District- Paschim Medinipore, Pin- 721301.

3) The Divisional Railway Manager, South Eastern Railway, Kharagpur, District- Paschim Medinipore, Pin- 721301.

4) The Assistant Personnel Officer-III, South Eastern Railway, Kharagpur, District- Paschim Medinipore, Pin- 721301.

5) The Senior Divisional Mechanical Engineer, South Eastern Railway, Kharagpur, District- Paschim Medinipore, Pin- 721301.

6) The Assistant Divisional Mechanical Engineer, Santragachi, South Eastern Railway, Howrah, Pin- 711111.

..........Respondents For the applicant(s) : Mr. A.P. Deb, Mr. A.K. Khan (Counsel).

For the respondent(s) : Mr. P.N. Sharma (Counsel).

Sambit Kumar Digitally signed by Sambit Kumar Ganguly DN: C=IN, O=Personal, T=7150, OID.2.5.4.65=1336014722240550049cSCx8jy16P1KN, Phone= df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74c00de89, PostalCode=711112, S=West Bengal, SERIALNUMBER= 02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781b4e36f2e, CN=Sambit Kumar Ganguly Ganguly Reason: I am the author of this document Location:

Date: 2025.07.09 13:39:49+05'30' Foxit PDF Reader Version: 2024.3.0 2 O.A./350/1389/2024 O R D E R. Per: Mr. Anindo Majumdar, Administrative Member.

1. This matter is taken up by the Single Bench for disposal in accordance with the order of the Hon'ble Chairman, CAT dated 10/9/2021 issued under Sub-Section (6) of Section 5 of the Administrative Tribunals Act, 1985, and since no complicated question of law is involved .

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

"(a) The purported transfer and posting order No. SER/P-KGP/EM/7/266/TDT/30, issued from the office of the Senior Divisional Personnel Office, South Eastern Railway, Kharagpur, and signed by Assistant personnel Officer-III, on 20/8/2024 be quashed and/or set aside and effect if any in respect of the service of the applicant be recalled allowing the applicant to the same post of Senior Technician at Santragachi, Howrah.

(b) The purported Release order being No ARM/SRC/FILE/staff/Trf/AI/TKM/2024 dated 5/9/2024 issued by Assistant Divisional Mechanical Engineer (C&W) Santragachi be quashed and/or set aside.

(c) Costs or incidental to and arising out of this application.

Sambit KumarDigitally signed by Sambit Kumar Ganguly DN: C=IN, O=Personal, T=7150, OID.2.5.4.65=1336014722240550049cSCx8jy16P1KN, Phone= df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74c00de89, PostalCode=711112, S=West Bengal, SERIALNUMBER= 02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781b4e36f2e, CN=Sambit Kumar Ganguly Ganguly Reason: I am the author of this document Location:

Date: 2025.07.09 13:39:49+05'30' Foxit PDF Reader Version: 2024.3.0 3 O.A./350/1389/2024

(d) Any other order or orders as your Lordships may deem fit and proper by way of molding reliefs".

3. Facts of the case:-

(a) The applicant has filed this original application since he is aggrieved by the order dated 20/08/2024 of the Senior Divisional Personnel Officer, South Eastern Railway whereby he has been transferred from his present post at Santragachi to Baripada. A letter dated 05/09/2024 was issued directing that he be released from his present post w.e.f, 05/09/2024.

(b) The applicant had submitted a representation dated 02/09/2024 to the Senior DME, Kharagpur praying that the transfer order be withdrawn.

In response vide letter dated 09/09/2024, he was informed that his prayer cannot be accepted by the competent authority.

(c) When this matter was first heard, this Tribunal had directed the stay of the operation of the order dated 20/08/2024 till the next date of listing.

The aforesaid interim order has been extended by this Tribunal from time to time and is continuing till date.

4. Heard Learned Counsel for both sides and considered the material on record.

5. At hearing, the submissions made by Learned Counsel for the applicant are summarized as below:-

(a) The applicant's transfer to Baripada vide the impugned order has been made on malafide ground and that it is punitive in nature. He Sambit Kumar Digitally signed by Sambit Kumar Ganguly DN: C=IN, O=Personal, T=7150, OID.2.5.4.65=1336014722240550049cSCx8jy16P1KN, Phone= df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74c00de89, PostalCode=711112, S=West Bengal, SERIALNUMBER= 02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781b4e36f2e, CN=Sambit Kumar Ganguly Ganguly Reason: I am the author of this document Location:

Date: 2025.07.09 13:39:49+05'30' Foxit PDF Reader Version: 2024.3.0 4 O.A./350/1389/2024 referred to an enquiry into some alleged lapses which were allegedly committed by the applicant.

(b) The order transferring the applicant was issued without routing the proposal for the same through the Placement Committee which is required to be done as per the rules which ought to have been done.

(c) His mother who is a widow is 90 years old and is sick.

(d) His daughter is due to appear in the Higher Secondary Examination in 2025.

6. At hearing, the submissions made by Learned Counsel for the respondents are summarized as below:-

(a) The applicant Shri Tapas Kumar Mandal was transferred from Santragachi to Baripada vide transfer and posting order dated 20/08/2024 due to administrative exigency.

(b) There was an enquiry regarding detachment of coaches from Train no. 12245 on 16/08/2024 due to leakage of rainwater from the roof and windows and the applicant was consulted to improve his performance.

However, his transfer to Baripada vide the impugned order is not on account of this reason.

7. Learned Counsel for the respondents relied on the following judgments:-

(I) SC Saxena Vs. Union of India- 2006(9) SCC 583.

Date: 2025.07.09 13:39:49+05'30' Foxit PDF Reader Version: 2024.3.0 5 O.A./350/1389/2024 "a Government servant cannot disobey a transfer order by not reporting at the place of posting and then go to court to ventilate his grievances. It is his duty to first report for the work where he is transferred and make representation as to what may be his personal problems. This tendency of not reporting at the place of posting and indulging in litigation needs to be curbed."

(II) Shilpi Bose vs. State of Bihar (1991 Suppl. (2) SCC 659).

" in our opinions, the courts should not interfere with a transfer order which is made in public interest and for administrative reasons unless that transfer orders are made in violation of any mandatory statutory rule or on the ground of malafide. A government servant holding a transferrable post has no vested right to remain posted at one place or the other, he is liable to be transferred from one place to the other. Transfer orders issued by the competent authority do not violate any of his legal rights."

(III) National Hydro Electric Power Corporation Ltd. Vs. Shri Bhagwan 2001(8) SCC Page-574.

"we are of the view that the High Court was not justified interfering with the impugned orders of transfer. It is by now well settled and often reiterated by this Court that no government servant or employee of a public undertaking has any legal right to be posted forever at any one particular place since transfer of a particular employee appointed to the class or category of transferrable posts from one place to other is not only and incident, but a condition of service, necessary too in public interest and efficiency in the public administration. Unless and order of transfer is shown to be in violation of statutory provisions prohibiting any such transfer, the Courts or the tribunals cannot interfere with such orders as a matter of routine..."

(IV) Union of India Vs. N.P. Thomas AIR 1993 SC Page-1605.

"In state of MP Vs. S.S. Kourav AIR 1995 SC page-1056 the Apex Court held, the Court or Tribunal are not appellate forum to decide on transfer of officer on administrative ground and wheels of administration should be allowed to run smoothly and the court of Sambit Kumar Digitally signed by Sambit Kumar Ganguly DN: C=IN, O=Personal, T=7150, OID.2.5.4.65=1336014722240550049cSCx8jy16P1KN, Phone= df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74c00de89, PostalCode=711112, S=West Bengal, SERIALNUMBER= 02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781b4e36f2e, CN=Sambit Kumar Ganguly Ganguly Reason: I am the author of this document Location:

Date: 2025.07.09 13:39:49+05'30' Foxit PDF Reader Version: 2024.3.0 6 O.A./350/1389/2024 Tribunals are not expected to interdict the working of the administrative system by transferring the officers to proper place".

Findings:-

8. At hearing, Learned Counsel for the applicant had submitted that the transfer of the applicant was issued without the recommendation of the placement committee. When the matter was heard on 22/05/2025, Learned Counsel for the respondents was directed to place a copy of the recommendation of the Placement Committee pertaining to the applicant.

The said copy was produced by Learned Counsel for the respondents when the matter was heard on 23/06/2025 and was taken on record.

9. On perusal of the said document, it is clear that the Placement Committee comprising of ADME, NMP and APO-III, Kharagpur had recommended the transfer of the applicant from Santragachi to Baripada and that the said recommendation was accepted by the Chairman of the Placement Committee.

10. The Hon'ble Apex court has in a number of judgments held the transfer is an essential condition of service and transfer orders issued by administrative authorities should not be interfered by the Court unless it can be established that they are malafide or punitive in nature. Some of the judgments of the Hon'ble Apex Court on the subject are quoted at Para 3 above.

11. In view of the facts of the case, I do not consider that the impugned and transfer order dated 20/08/2024 to be punitive or malafide in nature.

Date: 2025.07.09 13:39:49+05'30' Foxit PDF Reader Version: 2024.3.0 7 O.A./350/1389/2024

12. Keeping in view, the ratio of the judgments of the Hon'ble Apex Court subject of transfer and posting and the facts of the case, I do not find any ground to intervene to interfere with the impugned order dated 20/08/2024.

13. In view of the above discussion, I am of the opinion that this Original application lacks merit. The O.A. is accordingly dismissed. There will be no order as to costs.

(Anindo Majumdar) Administrative Member //SKG// Sambit Kumar Digitally signed by Sambit Kumar Ganguly DN: C=IN, O=Personal, T=7150, OID.2.5.4.65=1336014722240550049cSCx8jy16P1KN, Phone= df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74c00de89, PostalCode=711112, S=West Bengal, SERIALNUMBER= 02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781b4e36f2e, CN=Sambit Kumar Ganguly Ganguly Reason: I am the author of this document Location:

Date: 2025.07.09 13:39:49+05'30' Foxit PDF Reader Version: 2024.3.0

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Central Administrative Tribunal - Kolkata

Tapas Kumar Mandal vs South Eastern Railway on 4 July, 2025