Central Administrative Tribunal
raja omar khan vs TRANSPORT on 31 December 2025
CENTRAL ADMINISTRATIVE TRIBUNAL SRINAGAR
Order Sheet
Item no.: 15
O.A./1503/2025 (SRINAGAR)
[ TRANSFER/POSTING ]
Court No.: 2
No of Adjournment:
Order Dated: 31/12/2025
RAJA OMAR KHAN
Vs
TRANSPORT
For Applicant(s) Advocate : Shri Sheikh Mushtaq For Respondent(s) Advocate : Shri Syed Musaib, ld. DAG.
Order of The Tribunal
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1. This appears to be third round of litigation between the petitioner and the respondents.
2. Through the medium of instant OA, the applicant seeks following reliefs:- “(a) Quashing and setting aside of the impugned order of transfer No.173-TC of 2025 dated 09.12.2025 as being non-est and void ab-initio.
(b) Directing the non-applicants to allow the applicant to continue on the present place of post which he is holding at Srinagar, with further direction to comply with the orders passed by the Administrative Department dated 28.10.2025, and also release the salary of the applicant from the month of October, 2025 till date.
(c) Pass such order as this Hon’ble Tribunal deems fit and proper, in the facts and circumstances of the case.”
3. Alongside the main relief, the applicant also prays for interim relief:- “Pending disposal of the case, it is, therefore most humbly prayed that this Hon’ble Court may be pleased to stay the operation of impugned order of transfer No.173-TC of 2025 dated 09.12.2025, as being non-est and void ab- initio with further direction to the non-applicants to allow the applicant to continue for his present place of post which he is holding Divisional Cadre post, at Srinagar with further direction to comply with the orders passed by the Administrative Department dated 28.10.2025, and also release the salary from the month of October, 2025 onwards.”
4. Primarily, the applicant has challenged the order No.173-TC of 2025 dated 09.12.2025 by virtue of which the claim of the applicant has been rejected and he has been directed to report in the office of ARTO, Kupwara within 24 hours.
5. The applicant has thrown challenge to the impugned order on various grounds in the OA. Learned counsel for the applicant submits that in terms of the order passed by this Court in OA No.1236/2025 whereby the respondents were directed to consider the claim of the applicant for his adjustment against an existing post at Srinagar in terms of Government order No.67-JK(TR) of 2025 dated 10.09.2025, his case may also be considered on the same line.
6. Shri Sheikh Mushtaq, who is representing the applicant has vehemently submitted that the order impugned is yet again without jurisdiction. As such, he submits that the competent authority, vide its order 10.09.2025, has directed the Transport Commissioner to utilize the services of the applicant i.e. Shri Raja Omar Khan in the Enforcement activities under ARTO Flying Squads, Kashmir. He submits that the applicant has been transferred to Kupwara, but there is no flying squad where the applicant could be utilized, to which reference has been made in the para-4.7 which duly affidavit has been given by the applicant.
7. Needless to reiterate that the court has very limited power in orders of transfer or in administration affairs unless the same are arbitrary or exercise of power is malafide which is fortified by the catena of judgments.
8. Learned counsel for the applicant yet again has submits that the Transport Commissioner is bound by the earlier Government order dated 10.09.2025 and further submits that the Commissioner can only utilize the employee as Flying Squad.
9. Be that as it may. Undoubtedly, the Commissioner is to comply the order of the superior officer i.e. order dated 10.09.2025 passed by the Administrative Department and there can be no laxity in complying the order of a superior authority. However, Transport Commissioner is not powerless to post the applicant anyway but he can seek modification of the earlier order dated 10.09.2025 wherein it is directed that services of the applicant be utilized for enforcement activity in flying squad, Kashmir. Posting and transfer are always left within the domain of administration and in public interest.
10. Heard. Issue notice. Shri Syed Musaib, learned DAG appears and accepts notice who will file detailed response within four weeks’. The competent authority will strictly adhere to the condition laid down in the Government order No.67-JK(TR) of 2025 dated 10.09.2025 whereby there is endorsement of the Transport Commissioner to utilize the services of the applicant in the Enforcement wing under the ARTO Flying Squad, Kashmir.
11. In the meanwhile, applicant is free to move an appeal to seek consideration for release of his salary.
12. List on 16.02.2026.
13. Alteration, modification on motion. M. S. Latif Member (J) Shailesh Kumar ( ps )