Central Administrative Tribunal - Patna
Niraj Kumar vs Defence Accounts Department on 22 May, 2025
1 OA No. 999/2024
CENTRAL ADMINISTRATIVE TRIBUNAL
PATNA BENCH, PATNA
OA No.050/00999/2024
Reserved on: 14th May, 2025.
Pronounced on: 29.05.2025.
CORAM
HON'BLE MR. KUMAR RAJESH CHANDRA, MEMBER [A]
HON'BLE MR. RAJVEER SINGH VERMA, MEMBER [J]
Niraj Kumar, S/O Sri Kumar Lal Bahadur Singh, resident of Vill & P.O.
Kajhi Hirdenagar, P.S. Banmankhi, District-Purnea, (Bihar), 854202, At
present under orders of Transfer from the post of Assistant Accounts
Officer (AAO), Siliguri (Under CDA Patna) to the post of Local Audit
Officer (Air Force) at Bagdogra (Under Principal Controller of Defence
Accounts (Air Force), Dehradun.
.......... Applicant.
By Advocate: - Shri J.K. Karn.
-Versus-
1. The Union of India through the Secretary, Government of India, Ministry
of Defence, New Delhi 110001.
2. The Controller General of Defence Accounts, Ulan Batar Marg, Palam,
Delhi Cantt.110010.
3. The Controller of Defence Accounts (Patna), Rajendra Path, Patna,
800019.
4. The Sr. Accounts Officer (AN), Office of the Controller of Defence
Accounts (Patna) 800019.
5. The Area Accounts Office Head the Additional Controller of Defence
Accounts (Addi CDA). Area Accounts Office, Siliguri. 734001.
6. The Principal Controller of Defence Accounts (Air Force) 107, Rajpur
Road, Dehradun-248001.
7. The Sr. Accounts Officer (Administration), Office of the Principal
Controller of Defence Accounts (Air Force), Dehradun. 248001.
........ Respondents.
By Advocate: - Shri H.P. Singh.
ORDER
Per:- Rajveer Singh Verma, Member [J]
1. Instant OA has been filed by the applicants for the following reliefs:-
" A. Letter AN/IX/9010/1/PT/2024/TR No 828 dated 25.11.2024 issued from the Office of the Controller General of Defence Accounts Delhi, not communicated to applicant, may be directed to be produced before this Hon'ble Tribunal and the same may be quashed and set aside.
B. Letter dtd 25.11.2024, issued under the signature of Sr. Accounts Officer (Administration), Office of the Principal Controller of Defence Accounts (Air Force), Dehradun addressed to the Controller of Defence Accounts. Patna, as contained in Annexure A/1, may be quashed and set aside, wherein by referring 2 OA No. 999/2024 the uncommunicated Letter AN/IX/9010/1/PT/2024/TR No 828 dated 25.11.2024 issued from the Office of the Controller of Defence Accounts, Delhi Cantt the applicant has been shown to have been transferred to Bagdogra under Pr. Controller of Defence Accounts (Air Force), Dehradun.
C. Letter No. AN/IB/110/ICT/Vol-LIII Dated 25/11/2024, issued under the signature of Sr. Accounts Officer (AN), Office of the Controller of Defence Accounts (Patna), addressed to the Officer in Charge, Area Accounts Office Siliguri, as contained in Annexure A/2, may be quashed and set aside, whereby again by referring uncommunicated HQrs Office Letter AN/IX/9010/1/PT/2024/TR No 828 dated 25.11.2024, the applicant has been ordered his Transfer from the post of Assistant Accounts Officer (AAO), Siliguri (Under CDA Patna) to the post of Local Audit Officer (Air Force) at Bagdogra (Under Principal Controller of Defence Accounts (Air Force), Dehradun. D. Letter No. AN/IB/110/ICT/Vol-L III dated 13.12.2024, issued under the signature of Sr. Accounts Officer (Administration), Office of the Controller of Defence Accounts, addressed to In'charge Officer, LAO (A) Siliguri as contained in Annexure- A/3, may be quashed and set aside, whereby the representation of applicant, made against his transfer has been conveyed its rejection by a non-speaking order referring Letter of HQrs dated 12.12.2024, without communicating the same to applicant and even without disclosing its contents.
E. The applicant may be ordered and permitted to continue at his present place of posting at Siliguri in terms of Exemption /deferment allowed to him in terms of Transfer Policy of the Department, as contained in AnnexureA/7 and Annexure -A/8.
F. Any other relief/reliefs as the applicant is entitled and your Lordships may deem fit and proper in the ends of justice."
2. Brief facts of the case of the applicant as narrated by the applicant in the OA are that: -
(i) That the applicant is an employee of Defence Accounts Patna at present employed at Siliguri. He joined his service on 12.06.2006 at Kannur (Kerala) and remained there from 12.06.2006 to 28.06.2013.
From 05.07.1013 to 01.07.2014, he remained at Siliguri upon transfer from Kannur (Kerala). From 07.07.2014 to 14.05.2016 he remained at Dimapur (Nagaland) on transfer from Siliguri. From 16.05.2016 to 24.05.2019 he remained at Guwahati (Assam) on transfer from Dimapur From 06.06.2019 to 04.02.2023 he remained at Bengdubi (West Bengal) on transfer from Guwahati. From 15.02.2023 he is at Siliguri upon his from Bengdubi. Here the 3 OA No. 999/2024 applicant has completed less than 2 yours against his normal routine tenure of 3 years.
(ii) That the wife of applicant died on 22/04/2013 while delivery of her son, who is now aged above 11 years. The applicant resides with his son who is doing his studies at Kendriya Vidyalaya, Jalpaiguri. The case of applicant is of single parent and the applicant is the person to look after his minor son.
(iii) It is further stated that vide Letter dated 28/03/2014, issued by Office of the Controller General of Defence Accounts, Delhi Cantt, Transfer Policy has been issued, wherein in its Column-8. Exemption from transfer / deferment is prescribed and as per Sub Column (v) of the Column, Single parents with child/children up to 18 years of age is exempted from transfer. Further, in terms of Column 3.1 of the said Transfer Policy an individual is to serve for maximum two terms at hard/tenure stations in his entire service period. The applicant has already served two terms at hard tenure stations at Dimapur (Nagaland) and at Bengoudi (West Bengal).
(iv) It is also stated that vide Letter dated 20/01/2023, issued by Office of Controller General of Defence Account Delhi Cantt, the list of Hard Station Tenure Stations has been circulated wherein at Serial No.- 16 (In the list of Hard Stations) Dimapur is shown as Hard Station and at Serial No.3 and 4 (In the List of Tenure Stations) Bagdogra and Bengdubi are shown as Tenure Stations. 4 OA No. 999/2024
(v) The case of the applicant is that as he has already served at Dimapur (Nagaland) as well as at Bengdubi (West Bengal), besides his completion of less than two years here at Siliguri and his being exempted from Transfer , being his case, a case of Single parent, allowed exemption from Transfer, the applicant is settled at Siliguri along with his son who is just above 11 years of his age and is a student of Class - VI but vide impugned orders, as contained in Annexure-A/1 & A/2, he has been ordered his transfer to Bagdogra which is a Tenure Station ignoring his earlier two tenures as well as in violation of exemption /deferment, available to single parent.
(vi) That on 26.11.2024 the applicant submitted representation before the Controller General of Defence Accounts, Delhi Cantt against his premature transfer, issued in violation of terms of Transfer Guidelines and requested his exemption from transfer. His representation was rejected vide letter dated 13.12.2024 (Annexure- A/3) by order dated 12.12.2024. Hence, the OA.
3. Respondents have filed written statement wherein it has been stated that: -
(i) It has been stated that That CDA Patna, vide dated 21/11/2024 (Annexure-R/1), intimated that a complaint regarding scuffle in office premises of AAO (Pay) Siliguri, by two AAOs, i.e. Sh.Niraj Kumar and Sh. Sanjit Kumar had been received and being a serious nature of incident in office premises, one AAO i.e. Shri Sanjit Kumar, had already been ordered for transfer to Patna by the O/O the CDA, Patna. The applicant had been transferred from Siliguri station 5 OA No. 999/2024 to Bagdogra (local) on administrative ground, as per letter dated 25.11.2024 (Annexure-R/2).
(ii) That applicant has been transferred locally from Siliguri to Bagdogra, 10 kms/25 Minutes. It is further stated that he has been transferred only on administrative ground and the transfer policy of the department has not been ignored during his transfer. As per Para (8) (v) of department transfer policy dated 28/03/2014 (Annexure- R/4), exemption from outstation transfer is to be granted to single parent with child/children up to 18 years of age. He has been transferred locally. Counsel for respondents requests to dismiss the OA.
4. Rejoinder has been filed by the applicant wherein it has been stated that: -
(i) That regarding the alleged scuffle in the office premises, he has already filed reply on 19.09.2024. It is also submitted that actually it was hot talks not scuffle. Preliminary inquiry was carried out but no any memorandum of charge was served to him and no further inquiry was conducted in this matter. Shri Sanjit Kumar, AAO has been transfer to Patna as per his request/Choice Station.
(ii) It is also stated that it is clear in transfer Policy that Siliguri and Bagdogra are two distinct stations as Siliguri is categories as 'Other Station' however, Bagdogra is categories a "Tenure Station'.
Therefore, transfer from Siliguri to Bagdogra may not called as locally transferred. Although, Siliguri and Bagdogra are two adjacent 6 OA No. 999/2024 stations, But, by the impugned transfer the applicant would be forced to shift his residence from Siliguri to Bagdogra and his son's school from Siliguri to Bagdogra as the applicant can't manage his child in Siliguri from Bagdogra.
(iii) It is further stated that applicant has been ordered transfer to LAO (AF) Bagdogra where throughout the year out-stations tours are involved and it is very difficult to manage his son's schooling with regular and continuous out-stations tours.
(iv) Applicant has alleged discrimination against him and stated that there are three other AAOs in addition to applicant namely, Sri Deepak Kr Sah, Sri Pankaj Kumar, Sri Avinash Kumar Bhagat who all have completed their tenures of 3 years and their cases are not of case of Single Parent but they have been retained at Siliguri and the applicant has been ordered his transfer prematurely.
5. Reply to rejoinder has been filed. It is stated that preliminary inquiry regarding scuffle in office campus was done and the applicant and other AAO Shri Sanjit Kumar were transferred to avoid recurrence of such incidence. It is also stated that distance between Siliguri to Bagdogra is just 10 KM/25 minutes. The HRA of Siliguri and Bagdogra is the same and the officer can apply for retention of govt., accommodation at Siliguri. It is also stated that as far as outstation tours are concerned, no officer/staff of this organisation is exempted from official tours/training etc.
6. Heard and considered the submissions made by the parties. 7 OA No. 999/2024
7. Rule 6 of the Central Administrative Tribunal (Procedure) Rules, 1987 (the Rules) provides as under:-
"Rule 6 of the Central Administrative Tribunal (Procedure) Rules, 1987, deals with the "Place of filing applications".
(1) An application shall ordinarily be filed by an applicant with the Registrar of the Bench within whose jurisdiction: * (i) the applicant is posted for the time being, or (ii) the cause of action, wholly or in part, has arisen.
Provided that with the leave of the Chairman, the application may be filed with the Registrar of the Principal Bench and, subject to the orders under Section 25 (of the Administrative Tribunals Act, 1985), such application shall be heard and disposed of by the Bench which has jurisdiction over the matter.
(2) Notwithstanding anything contained in sub-rule (1), persons who have ceased to be in service by reason of retirement, dismissal or termination of service may at his option file an application with the Registrar of the Bench within whose jurisdiction such person is ordinarily residing at the time of filing of the application."
8. Though the issue of jurisdiction to entertain this application was not raised by the respondents. This issue was raised during the hearing. Thus, being a primary issue the same is to be decided at first.
9. Since applicant is in active service, thus clause (2) of the Rule 6 of the Rules is applicable in the matter. Proviso to Clause (1) of the Rule 6 of the Rules is also not applicable in the instant matter. The place of posting is outside the jurisdiction of this Tribunal.
10. Impugned transfer orders, i.e. Annexure A/1 (dated 25.11.2024). Annexure A/3 (dated 13.12.2024) were passed by the office of the 8 OA No. 999/2024 Controller of Defence Accounts (Patna), Rajendra Path, Patna. Thus, the cause of action in part has arising within jurisdiction of this Bench of the Tribunal and the matter is being decided accordingly.
11. Following facts are emerged from the pleadings of both the sides:-
(i) In the service carrier of applicant started from 12.06.2006, total seven transfers of the applicant have ordered by the respondent authorities. Out of which compliance of six transfers has been carried out by the applicant and has shown his grievances only with present transfer order. On the following grounds:-
(a) Single parent and his son is aged about 11 years living/studying with him,
(b) he has already served two terms at hard/tenure stations besides his completion of less than two years at present posting,
(c) the circumstances surrounding the transfer order lead to a reasonable inference that such an order was made in colorable exercise of power and intended to achieve a sinister purpose.
(ii) The grounds taken by the applicant in his pleadings are in accordance with the transfer policy guidelines issued by the respondents & published on 28.03.2014 and also appear to be reasonable. Thus, balance of convenience lies in favour of the applicant. Impugned orders passed by the respondents are in contravention of their own policy on the subject. 9 OA No. 999/2024
12. In view of above, prayer made in sub para (A), (B), (C) & (D) is allowed. All MAs are also disposed of accordingly. No order as to costs.
[Rajveer Singh Verma] [Kumar Rajesh Chandra]
Member [J] Member [A]
BP/-