RAJESH KUMAR vs EAST CENTRAL RAILWAY on 29 October 2026

1. THE CENT (SAD

2. THE RAIL DIST

3. THE DANA

4. THE RAIL

5. THE ORD PATN

For Ap For R

1. The follo

CENTRAL ADMINISTRA PATNA BENCH O.A. No. 050/0

P

C O R A ’BLE MR. KUMAR RAJESH

H KUMAR, SON OF SRI SATRUD INTENDENT (MECH/TS), E PUR, RESIDENT OF DALLUCHA R).

Ver UNION OF INDIA THROUGH T TRAL RAILWAY, HAJIPUR, PO DAR), DISTRICT VAISHALI, PIN 8 PRINCIPAL CHIEF PERSONNE LWAY, HAJIPUR, PO- DIGGHI K TRICT- VAISHALI, PIN 844101 (BI DIVISIOAL RAILWAY MANAGE APR, DISTRICT-PATNA-801505 ( SENIOR DIVISIONAL PERSONN LWAY, DANAPUR, DISTRICT-PAT SENIOR DIVISIONAL ME INATION), EAST CENTRAL RA NA-801505 (BIHAR).

Applicant:-

Mr. M Respondents:- Mr. T O R D Per: Mr. Kumar Rajesh instant OA has been filed b owing relief:-

ATIVE TRIBUNAL H, PATNA

Reserved on: - 01.10.2026 Pronounced on:- 29.10.2026 M H CHANDRA, MEMBER [A] DHAN PRASAD, CHIEF OFFICE EAST CENTRAL RAILWAY, AK, KHAGAUL, PATNA-801505

………Applicant sus HE GENERAL MANAGER, EAST O- DIGHI KALAN, PS HAJIPUR 844101 (BIHAR). EL OFFICER, EAST TCENTRAL KALAN, PS HAJIPUR ( SADAR), IHAR). ER, EAST CENTRAL RAILWAY, (BIHAR). NEL OFFICER, EAST CENTRAL TNA-801505 (BIHAR). ECHNICAL ENGINEER (CO- AILWAY, DANAPUR, DISTRICT-

……..Respondents M.P. Dixit, ld. Adv. .N. Thakur, ld. Sr. CGSC D E R Chandra, Member (A): by the applicant seeking the

E ,

T R L , , L - - e Digitally signed by POOJA KUMARI POOJA KUMARI

Patna Bench

2. The discu i. To quash and set as transfer dated 18.0 Annexure A-1 qua app

ii. To quash and set asid 17.04.2026 as contain

iii. The respondents ma applicant to continu disturbance.

iv. The respondents may all consequential ben for which he is legally v. Any other relief or re proceeding may be applicant.

brief facts of the case, as ussed and delineated as follow 2.1 The applicant was initiall of Assistant Loco Pilot promoted to the post of L August 2018, the app categorized due to serio recommendation of Med against alternative post (Mechanical/TS) in same was posted at Danapur. 2.2 While posted as (Mechanical/TS), the ap been promoted against Superintendent (Mechan Rs. 4600/-, Level-7 vide (Annexure A-2) in whic serial no. 3. 2.3 It is very relevant to sub no. 4 has issued one s (Annexure A-3) to Superintendent (Mechan side the impugned order of 03.2026 as contained in pplicant. de the impugned order dated ned in Annexure A-2. ay be directed to allow the ue at Danapur without any y be further directed to grant nefits in favour of applicant y entitled too. eliefs including the cost of the allowed in favour of the s per the instant O.A., are ws: ly appointed against the post t on 19.02.2009. He was Loco Pilot (Goods) in 2016. In plicant was medically de- ous cardiac problem and on dical Board, he was absorbed t of Office Superintendent e Grade Pay Rs. 4200/- and Office Superintendent pplicant and 08 others have the post of Chief Office nical/TS) in same Grade Pay e order dated 18/20.12.2024 ch the name of applicant is at mit here that the respondent seniority list on 03.01.2026 the post of Chief Office nical/TS) in same Grade Pay f n d e y t t e e e t s n - n d t d t e e y t t e y Digitally signed by POOJA KUMARI POOJA KUMARI

Patna Bench

Rs. 4600/-, Level-7 in w has been placed at serial n 2.4 On 08.03.2026, his pos cardiac problem, hence h Hospital. The applicant prescriptions and test re 11.03.2026 to 13.03.2026 Annexure A-4. 2.5 The father of the applica and is suffering from applicant is only male m ailing father. Medical p being annexed as Annex has two minor kids whose annexed as Annexure A 2.6 The applicant was re impugned order dated 18 issued by the respondent been ordered to be transfe without any cogent/disclo 2.7 It is also relevant to sub ministerial posts of Powe (TS) has been abolished (Co-ordination) vide orde whereby a total of 0 Superintendent (COS) h stations such as 02 p Danapur, 01 each post at RJP Depot, Arah Depot, wherein 03 posts (01 at Depot, 01 at Patna Loco) has been transferred at there is no Railway Hosp which the name of applicant no. 8. sition became critical due to he was referred at Medanta has annexed recent medical eports conducted in between

6. This is being annexed as ant is aged about 95 years old m Brain haemorrhage and member to look after his old prescription of his father is xure A-5. Also, the applicant e school certificates are being A-6). ecently shocked to receive 8.03.2026 (Annexure A-1) t no. 4 whereby applicant has ferred from Danapur to Rajgir osed reason. bmit that on 31.12.2025, the er Section lying under DME and shifted under Sr. DME er No. 3529 dated 31.12.2025 09 posts of Chief Office has been created at different osts at Mechanical Power, t Danapur depot, Patna Loco, Rajgir Depot and Kiul Depot Danapur Depot, 01 at Patna are still vacant but applicant such a far off place where ital of Cardiac treatment and t o a l n s d d d s t g e ) s r e E E

e t , , t a t e d Digitally signed by POOJA KUMARI POOJA KUMARI

Patna Bench

3. Per c writt further the persons wit retained. 2.8 He further submitted t contrary to para-4.2(i) Railway Board circulated A-7) which clearly speak curtailment in the cadre be transferred. 2.9 The applicant during h representation on 23.03 the respondent no. 3 sta highlighted the wrongs order. Further, he has c medical problem and lack but no heed was paid to filed one OA No. 198 o which was disposed of on

9) with direction to th consider and decide 23.03.2026 within 45 day 2.10 Vide order dated 17.04 who is not competen representation dated 23. applicant which is non-s violation of order of this Original Application. contra, the Respondents have ten statements in which it was 3.1 The applicant was earli and was accommodate ministerial post in acco Railway provisions. Ther the post of Chief th longest stay, have been that the impugned order is of the policy decision of d on 17.08.2023 (Annexure ks that in case there is any strength, junior most has to is sick period has sent one 3.2026 (Annexure A-8) to ating his problems and also in the impugned transfer clearly represented about his k of medical facility at Rajgir it. Thereafter, applicant has f 2026 before this Tribunal n 27.03.2026 (Annexure A- he competent authority to the representation dated ys. 4.2026, the respondent no. 5, nt, has rejected the said .03.2026 and 30.03.2026 of speaking, cryptic and also in Tribunal. Hence, the present e contested the case by filing s stated that: ier medically de-categorised ed against an alternative ordance with the applicable reafter, he was promoted to f Office Superintendent n s f e y o e o o r s r s l - o d , d f n t g d e e o t Digitally signed by POOJA KUMARI POOJA KUMARI

Patna Bench

(Mechanical/TS), Level promotion process. In requirements, manpower exigencies, the competen Order dated 18.03.2026 whereby the applicant wa to Rajgir. The transf administrative interest an or as a consequence of any 3.2 The personal difficulties such as his medical cond and the education of his c only to seek retention respondents have due s circumstances, the same d legal right to remain post particularly when admi otherwise. 3.3 Pursuant to the order pa No. 198 of 2026, the repr applicant was duly ex authority. After conside representation was reje Therefore, the responden the directions issued by th thereof has been committ 3.4 The seniority list is a ma respondents deny that transfer. It is also den vacancies at Danapur or enforceable right upon th posting at place of his ch authority competent to ef assess manpower require l-7 under the applicable n view of administrative r deployment and operation nt authority issued the Office (Annexure A-1 to the OA), as transferred from Danapur fer order was made in nd not by way of punishment ny misconduct. s pleaded by the applicant, ition, the health of his father children, have been projected n at Danapur. While the sympathy for such personal do not create any enforceable ed at one station indefinitely, inistrative interest requires assed by this Tribunal in OA resentation submitted by the amined by the competent ering all relevant facts, the ected by a reasoned order. nts have fully complied with his Tribunal and no violation ted. atter of record; however, the t seniority alone governs nied that the existence of nearby stations confers any he applicant to insist upon his hoice. It is submitted that the ffect transfers is best suited to ements, distribution of staff e e n e , r n t , r d e l e , s A e t e . h n e s f y s e o f Digitally signed by POOJA KUMARI POOJA KUMARI

Patna Bench

4. Ld. c state and operational necessity posting against a particu such vacancy exists. 3.5 Each transfer is decided requirements of the adm applicant has failed to statutory rule or mandat Board’s policy. 3.6 Moreover, it is sett Jurisprudence that transf An employee holding a tr or indefeasible right to r station. The choice of po the domain of the emp Gobardhan Lal, (2004) Supreme Court of India primarily an administrati is permissible only wher mala fide or contrary Therefore, the present O dismissed in view of abov counsel for applicant has file ed that: 4.1 The impugned transfer o as there is no sanctio Superintendent—neither (C&W)—at Rajgir for the 2025–26, as obtained un 06.07.2026 (Annexure for 2026–27 also shows at Rajgir. Even if the sing at Rajgir were considere y. The applicant cannot claim ular vacancy merely because d on the basis of prevailing ministration. Therefore, the establish violation of any tory provision of the Railway tled Principle of Service fer is an incidence of service. ansferable post has no vested remain posted at a particular osting lies exclusively within ployer. In state of UP vs. 11 SCC 402, the Hon’ble a reiterated that transfer is ive matter and judicial review re the order is shown to be y to statutory provisions. Original Application may be ve facts and circumstances. ed the rejoinder in which he order is wholly unsustainable oned post of Chief Office r COS (Mech/TS) nor COS e Book of Sanction (BOS) year nder the RTI Act reply dated P/1). Furthermore, the BOS no post for COS (Mech/TS) gle post of COS (C&W) shown ed, it has no relation to the m e g e y y e . d r n . e s w e . e e e e S r d S ) n e Digitally signed by POOJA KUMARI POOJA KUMARI

Patna Bench applicant, rendering the infirm. 4.2 The action of the discriminatory. While em 2 to 7 and 14 of Annexure (C&W) cadre, have been at the same location fo Ranjit Kumar, COS (C&W 21.01.2019 without tran transferred out even bef service at Danapur. 4.3 The arbitrary nature of th evident from the promo (Annexure P/4), wher promoted to the post of their existing stations transfer, while the app targeted. 4.4 The transfer order dire 563(ii) of the Indian (IRMM), 2000 (Annex that an employee suffer cannot be transferred wit a Railway Doctor upon The applicant suffers fro and Rajgir lacks specializ for cardiac care, which Hospital, Patna. 4.5 Despite the applica representations on 30 (Annexure P-5 serie continue at Danapur Respondent No. 5 is 09.06.2026 (Annexure transfer arbitrary and legally respondents is highly mployees listed at Serial Nos. e A/3, who belong to the COS n permitted to remain posted or many years (such as Sri W), posted at Danapur since nsfer, the applicant has been fore completing two years of he impugned action is further otion order dated 01.07.2026 rein several employees were f COS (C&W) but retained at s without undergoing any plicant has been selectively ectly violates Rules 562 and Railway Medical Manual xure P/2), which mandate ring from a serious ailment thout the recommendation of submitting a representation. m a severe cardiac condition, zed Railway medical facilities are only available at Central ant submitting detailed 0.03.2026 and 19.05.2026

s) requesting permission to and for release of salary, ssued a charge sheet on e P-6) for non-joining at y y . S d i e n f r e t y y d l e t f . , s l d o , n t Digitally signed by POOJA KUMARI POOJA KUMARI

Patna Bench

5. After peru cons conc

Rajgir. The applicant 18.06.2026 (Annexure health condition and th issuance of a charg demonstrates clear mal governing rules. 4.6 In light of the above fa order and subsequen discriminatory, maliciou and unsustainable in law impugned orders be set a r hearing the learned couns usal of the material available sidered the matter in its entir clusions: 5.1 It is an admitted fact th appointed as Assistan subsequently medically cardiac problem. Therea against an alternative m promoted to the post of (Mechanical/TS), Leve challenged the transfe whereby he was transfer as well as the subsequ rejecting his representat other hand, have subm made in administrative manpower requirements 5.2 The settled position of incidence of service, a transferable post has no v at a particular station of best placed to assess its t submitted a reply on P-7) highlighting his serious he pending proceedings. The e sheet in this context lice, bias, and disregard for facts, the impugned transfer nt penal proceedings are us, contrary to Railway rules,

w. It is humbly prayed that the aside in the interest of justice. sels for both the parties and before this Tribunal, I have rety and arrived at following hat the applicant was initially nt Loco Pilot and was y de-categorised due to a after, he was accommodated ministerial post and was later f Chief Office Superintendent el-7. The applicant has r order dated 18.03.2026, rred from Danapur to Rajgir, uent order dated 17.04.2026 tion. The respondents, on the mitted that the transfer was e interest and in view of s and operational exigencies. f law is that transfer is an nd an employee holding a vested right to remain posted f his choice. The employer is administrative requirements n s e t r r e , e . d e g y s a d r t s , , e s f n a d s s Digitally signed by POOJA KUMARI POOJA KUMARI

Patna Bench and decide the posting interference in transfer when the transfer order statutory provision, is authority, or vitiated by recognised grounds. The State of U.P. v. Gobardh has reiterated these princ 5.3 The applicant has conten arbitrary because certain Danapur and nearby transferred to Rajgir. H Railway Board’s policy d paragraph 4.2(i), to a employee should be tra reduction in cadre str existence of vacancies at confer an enforceable r claim posting against seniority by itself does posting in every case. Th to establish, on the bas record, that the transfer o provision of the appl respondents were legal Danapur. 5.4 The applicant has furthe dated 06.07.2026 to con of Chief Office Superinte available at Rajgir durin contention has been con assertion regarding the a without establishing th position, the applicable g of its employees. Judicial r matters is warranted only is shown to be contrary to a ssued by an incompetent y mala fides or other legally e Hon’ble Supreme Court in han Lal, (2004) 11 SCC 402, ciples. nded that the transfer order is n vacancies were available at stations, whereas he was He has also relied upon the dated 17.08.2023, particularly argue that the junior-most ansferred in the event of a rength. However, the mere t a particular station does not right upon an employee to such vacancies. Similarly, not determine the place of he applicant has not been able is of the material placed on order violates any mandatory licable policy or that the lly bound to retain him at er relied upon the RTI reply ntend that no sanctioned post endent (Mechanical/TS) was ng the relevant period. This nsidered. However, the mere absence of a sanctioned post, he complete relevant cadre e staffing arrangements and l y a t y n , s t s e y t a e t o , f e n y e t y t s s e , e d Digitally signed by POOJA KUMARI POOJA KUMARI

Patna Bench the specific rules governi not sufficient by itself t order is illegal. In fact, it was no post of COS in y the applicant himself in there was a post of COS the chart annexed with p The impugned transfe 18.03.2026 and the salar year 2026-27 that comm order. The applicant has by stating that this pos whereas he is posted Tribunal observes tha sufficient basis to draw of COS albeit of other no same pay. Thus, the sufficient material befor that the transfer was ma statutory provision. The warrant interference wit present proceedings. 5.5 The allegation of disc considered. The applic employees who, accordin their respective stations relied upon the promotio show that certain emplo being transferred. How other employees, their c requirements and the r postings may differ from fact that some emplo particular station does no ing the applicant’s transfer, is to conclude that the transfer has been observed that there year 2025-26 as reflected by page 18 of his rejoinder. But S in 2026-27 as indicated in page 20 of the same rejoinder. fer order was issued on ry will be due in the financial menced within 13 days of this s tried to play down this fact st is meant for COS (C&W) d as COS(Mech/TS). This at the respondents have salary against the same post omenclature because it carries applicant has not placed re this Tribunal to establish ade in violation of a binding erefore, this ground does not th the impugned order in the crimination has also been cant has referred to other ng to him, have continued at for a longer period, and has on order dated 01.07.2026 to oyees were promoted without wever, the circumstances of cadre, duties, administrative reasons for their respective m those of the applicant. The yees have continued at a ot, by itself, establish that the s r e y t n . n l s t ) s e t s d h g t e n r t s o t f e e e a e Digitally signed by POOJA KUMARI POOJA KUMARI

Patna Bench applicant has been sin treatment. In the abse demonstrating hostile d intention on the part Tribunal is unable t contention on this groun 5.6 The medical condition of of his aged father are m been taken into consider stated that his two mino that specialised cardiac Patna but not at Ra undoubtedly deserve sy the competent adminis personal and family diffi confer an absolute legal particular station. The Rules 562 and 563(ii) of Manual, 2000, to conten from a serious ailment c the recommendation Nevertheless, on the m Tribunal, the applica established that the imp direct violation of the sp provisions. Accordingly, provide sufficient basis f order. 5.7 As regards the order d shows that the applicant Tribunal in OA No. 198 of on 27.03.2026 with a authority to consider an dated 23.03.2026 within ngled out for discriminatory ence of sufficient material discrimination or mala fide t of the respondents, this to accept the applicant’s nd. f the applicant and the health matters of concern and have ration. The applicant has also or children are studying and c treatment is available at ajgir. These circumstances ympathetic consideration by strative authority. However, culties, by themselves, do not l right to remain posted at a applicant has relied upon f the Indian Railway Medical nd that an employee suffering cannot be transferred without of a Railway Doctor. material placed before this ant has not sufficiently pugned transfer was made in pecific requirements of these , this ground also does not for setting aside the transfer ated 17.04.2026, the record t had earlier approached this of 2026, which was disposed a direction to the competent nd decide his representation n the stipulated period. The y l e s s h e o d t s y , t a n l g t . s y n e t r d s d t n e Digitally signed by POOJA KUMARI POOJA KUMARI

Patna Bench respondents have stated considered and rejected Although the applicant order as cryptic and available before this T sufficient grounds to hol to be quashed. Mere dis taken by the authority d decision illegal. No su placed on record to estab of the earlier order of thi 5.8 The applicant has also dated 09.06.2026 issued join at Rajgir and has alle the respondents. Howev sheet does not, by itself, that the transfer order i disciplinary action woul facts, the applicable serv conducted in accordance charge memo is not the instant O.A. and adjudication here. applicant has not estab conclude that the impugn with a mala fide intent action of the responde warrant interference in th 5.9 On an overall considerat submissions and the doc this Tribunal finds that able to establish that 18.03.2026 or the order his representation again d that the representation was d by the subsequent order. has described the rejection non-speaking, the material Tribunal does not establish ld that the said order is liable sagreement with the decision does not, by itself, make the ufficient material has been blish deliberate disobedience s Tribunal. challenged the charge sheet d on account of his failure to eged mala fides on the part of ver, the issuance of a charge establish mala fides or prove is illegal. The validity of any ld depend upon the relevant vice rules and the proceedings e with law. Moreover, this the part of challenge in d does not require any In the present case, the blished sufficient grounds to ned transfer order was issued tion or that the subsequent ents was so arbitrary as to hese proceedings. ion of the pleadings, the rival cuments available on record, the applicant has not been the transfer order dated r dated 17.04.2026 rejecting st this transfer order, suffers s . n l h e n e n e t o f e e y t s s n y e o d t o l , n d g s Digitally signed by POOJA KUMARI POOJA KUMARI

Patna Bench

pk/- from any illegality warr The grounds raised by availability of vacancie violation of the transfer of the applicant, his fa alleged discrimination, However, the material on sufficient legal basis for the Original Application Tribunal cannot substitu competent administrativ transfer. 5.10 Accordingly, the Origina There shall be no order a

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O.A. No. 050/00297/2026 ranting judicial interference. the applicant, including the es at Danapur, the alleged policy, the medical condition amily circumstances and the , have been considered. n record does not establish a granting the reliefs sought in

n. It is well settled that this ute its own view for that of the ve authority in matters of al Application is dismissed. as to costs. (Kumar Rajesh Chandra)

Member (A)

. e d n e . a n s e f . ) Digitally signed by POOJA KUMARI POOJA KUMARI