Amit Kumar vs REVENUE on 15 October 2026

CENTRAL ADMINISTRATIVE TRIBUNAL JABALPUR Order Sheet Item no.: 8 O.A./980/2026 (JABALPUR) [ TRANSFER ] Court No.: 1 No of Adjournment: Order Dated: 15/10/2026 AMIT KUMAR Vs REVENUE

For Applicant(s) Advocate : Shri Akash Choudhury For Respondent(s) Advocate : Shri Himanshu Shrivastava appearing on advance notice Order of The Tribunal Heard. Issue notice to the respondents as per rules. Also heard on the prayer of interim relief. The applicant is challenging the order dated 25.09.2026 (Annexure A-1) vide which he has been transferred from Rewa to Chhindwara. Counsel for the applicant has stated that the applicant is a person with 50% physical disability. Therefore, he is entitled for exemption from routine transfer in terms of Clause (p) of the Transfer Policy dated 11.06.2026 (Annexure A-6). Further, it is a case of premature transfer, as the applicant has not completed the minimum tenure of two years at Rewa. He has served at Rewa for about 15 months. Counsel for the applicant has also stated that the transfer of the applicant is not on account of any administrative exigency. However, it is a case of punitive transfer as the decision taken in applicant's representation dated 09.10.2026 (Annexure A-

2) clearly shows that the applicant has been subjected to transfer on account of certain complaints made against him. He places reliance on a decision of Hon'ble High Court of Madhya Pradesh at Jabalpur in Writ Petition No.35440 of 2024 dated 08.07.2025, wherein the Hon'ble High Court observed that transfer order passed in lieu of punishment is per se illegal. On the other hand, counsel for the respondents submitted that the complaints received against the applicant require a detailed deliberation for which a separate proceeding shall be initiated against him. He supplied copy of the inter-commissionerate transfer policy dated 04.04.2019 for Group 'B' Gazetted and non Gazetted officers, wherein as per Clause xii of this policy, the Cadre Controlling Authority may order transfers in deviation of the policy on account of exceptional/unforeseen circumstances or administrative grounds. Therefore, due to administrative reasons, the competent authority has ordered transfer of the applicant even though he has not completed the minimum tenure of two years. He further stated that the applicant has already been relieved to join at Chhindwara. We have heard the counsel for the parties on the prayer of interim relief.

The issue regarding disability of the applicant to the extent of 50% seems to be taken care of by the respondents in the impugned order dated 09.10.2026 (Annexure A-2) stating that the instructions issued by the DoP&T with respect to safeguard the interest of the persons with disabilities do not absolutely prohibit the administration not to transfer out the disabled persons. They cannot claim as a matter of right to remain posted at a particular place forever. In this case, prima facie, it appears that the applicant has been transferred on administrative grounds. In State of M.P. and another vs. S.S.Kourav and Others (1995 (3) SCC 270), the Hon’ble Apex Court has held as follows:- “The courts or tribunals are not appellate forums to decide on transfers of officers on administrative grounds. It is for the administration to take appropriate decision and such decisions shall stand unless they are vitiated either by mala fides or by extraneous considerations without any factual background foundation. In this case transfer orders having been issued on administrative grounds, expediency of those orders cannot be examined by the court.” The transfer policy dated 04.04.2019 clearly indicates that in the exceptional/unforeseen circumstances, the competent authority may order transfers on administrative grounds. Hence, no case for grant of interim relief is made out by the applicant. Accordingly, prayer for the interim relief is rejected.

The respondents are directed to file their reply within four weeks. List this matter for consideration on 18.12.2026. Issue certified copy. Smt Mallika Arya Member (A) RAJINDER SINGH DOGRA Member (J) Anupam Mishra ( steno 'c' )