Smt Monika Dutta vs DEFENCE
- Court
- Central Administrative Tribunal
1
O.A./350/1202/2026
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH, KOLKATA
No. O.A. 350/1202/2026 Date of order: 13.08.2026
Coram : Hon’ble Smt. Urmita Datta (Sen), Judicial Member
In the matter of:
Smt. Monika Dutta, Wife of Late Pranabankur
Dutta, aged about 51 years, Working as Senior
Auditor/98353956 in the Office of The Principal
Controller of Accounts (Factories), residing at
233A/4, Netaji Subhas Chandra Road, Kolkata-
700092, West Bengall.
…….. Applicant.
- V E R S U S –
1. Union of India, service through the
Secretary to the Government of India,
Ministry of Defence, New Delhi-110011.
2. The Controller General of Defence Account,
Ulan Batar Road, Palam, Delhi Cantonment-
110010.
3. Principal Controller of Defence Accounts,
10-A, Shaheed Khudiram Bose Road, Kolkata-
700001.
4. The Principal Controller of Accounts
(Factories), 10A, Shaheed Khudiram Bose
Road, Kolkata-700001.
5. Controller of Defence Accounts (CDA),
Guwahati, Udayan Vihar, Narangi, Guwahati,
Assam-781171
……. Respondents.
For the Applicant : Mr. Arpa Chakraborty, Counsel
For the Respondents: Mr. R. Halder, Counsel
O R D E R (ORAL).
Per : Smt. Urmita Datta (Sen), Judicial Member.
Digitally signed by Subrata Bandyopadhyay
DN: C=IN, CN=Subrata Bandyopadhyay, O=Central Administrative Tribunal,
OU=Department of Personnel and Training, ST=West Bengal, postalCode=
700020, serialNumber=
6d079e120ec1fabd2e591405ec10ace4fed99b6a0607694428d3202d847d42
27, telephoneNumber=
ecea01182960d6b9364f64b0c7d5ba0c134e202d835afa75289b480171b9c5
dd
Reason: I am the author of this document
Location:
Date: 2026.09.01 16:01:13+05'30'
Foxit PDF Reader Version: 2026.2.0
Subrata
Bandyopadhyay
2
O.A./350/1202/2026
This matter is taken up by the Single Bench for disposal in accordance
with the order of the Hon’ble Chairman, Central Administrative Tribunal,
dated 10.09.2021 issued under Sub -Section (6) of Section 5 of the
Administrative Tribunals Act, 1985, and since no complicated question of law
is involved. Accordingly, this matter is taken up for disposal by this Single
Bench.
1. Memo of appearance filed by the respondent is taken on record.
2. Heard learned counsel for both sides.
3.
The instant Original Application has been filed under Section 19 of
Administrative Tribunal Act, 1985 by the applicant praying for the following
relief(s):
“
a) Office Order of Transfer being Office Order No. X/10050/Seniority/2025/TR-
401 to 592 dated 27.02.2026 issued by the respondent No. 2 with respect to the
applicant is not tenable in the eye of law and as such the same should be
quashed;
b) An order be passed directing the Respondents to quash and/or set aside the
Office Orders dated 13.04.2026 and 28.07.2026, whereby the Applicant's prayer
for retention at her present place of posting and/or for change of her place of
posting from Tezpur to Guwahati has been rejected, and to direct the
Respondents to reconsider the Applicant's case afresh, in accordance with the
applicable Transfer Policy and upon taking into consideration all the relevant
facts, circumstances and grounds raised by the Applicant in her representations.
c) An order be passed directing the Respondents to act and proceed in
accordance with the provisions of law and strictly in terms of the Transfer Policy
of the respondents dated 28.03.2014 circulated by the respondents;
d) To grant all consequential benefits ;
e)
To certify and transmit the entire records and papers pertaining to the
applicant's case so that after the causes shown thereof conscionable justice may
be done unto the applicant by way of grant of reliefs as prayed for in (a) and (b)
.”
above
4. The instant application has been filed by the applicant challenging the
transfer order dated 27.02.2026 (Annexure – ‘A-2’ ) whereby the applicant has
been transferred to Tezpur. In this regard applicant has made repeated
Digitally signed by Subrata Bandyopadhyay
DN: C=IN, CN=Subrata Bandyopadhyay, O=Central Administrative Tribunal,
OU=Department of Personnel and Training, ST=West Bengal, postalCode=
700020, serialNumber=
6d079e120ec1fabd2e591405ec10ace4fed99b6a0607694428d3202d847d42
27, telephoneNumber=
ecea01182960d6b9364f64b0c7d5ba0c134e202d835afa75289b480171b9c5
dd
Reason: I am the author of this document
Location:
Date: 2026.09.01 16:01:13+05'30'
Foxit PDF Reader Version: 2026.2.0
Subrata
Bandyopadhyay
3
O.A./350/1202/2026
representations to the authority even to the CGDA to consider her case, as
the applicant had given a preference of posting for Guwahati, Tezpur and
Kolkata.
5. Ld. Counsel for the applicant has fairly submitted that the applicant has
referred one Transfer Policy in Para –vi dated 28.03.2014 whereby it has been
stipulated that there shall be exemption from transfer to widows, divorcees
even case to case basis till the respondents are maintain such ‘ Status Quo’ .
6. Ld. Counsel for the applicant has fairly submitted that since she has
opted for Guwahati, it would suffice the purpose of the applicant if the
competent respondent authority be directed to reconsider her case as per
policy guidelines of transfer of the respondents themselves by any competent
respondent authority within a stipulated period of time.
7.
Ld. Counsel for the applicant further submits that all the rejection
orders are non-speaking one and some person from Kolkata may be
accommodated in Guwahati.
8. Ld. Counsel for the respondents submits that the applicant has been
transferred to Tezpur as per her second option. However, respondents have
no objection to reconsider her case by the Delhi authority or any higher
competent respondent authority as per law.
9. Ld. Counsel for the respondents submits that after joining at Tezpur her
case may be considered for Guwahati,
10. Heard the parties and perused the materials available on records
especially the transfer policy.
Digitally signed by Subrata Bandyopadhyay
DN: C=IN, CN=Subrata Bandyopadhyay, O=Central Administrative Tribunal,
OU=Department of Personnel and Training, ST=West Bengal, postalCode=
700020, serialNumber=
6d079e120ec1fabd2e591405ec10ace4fed99b6a0607694428d3202d847d42
27, telephoneNumber=
ecea01182960d6b9364f64b0c7d5ba0c134e202d835afa75289b480171b9c5
dd
Reason: I am the author of this document
Location:
Date: 2026.09.01 16:01:13+05'30'
Foxit PDF Reader Version: 2026.2.0
Subrata
Bandyopadhyay
4
O.A./350/1202/2026
11.
In view of the above, the competent respondent authority or any other
Competent authority is directed to consider the representation of the
applicant dated 23.07.2026(Annexure – ‘A-4’ ) treating this O.A. as a part of it
with follow up action, if any, and Transfer Policy dated 28.03.2014 specifically
of Para –8(vi) 2014 as per Rules and communicate his decision taken by way
of a reasoned and speaking order within a period of 03 weeks from the date
of receipt of copy of the order and till such date Respondents are directed to
maintain “Status Quo” qua the applicant till the communication of the order.
12. It is made clear that I have not gone into the merit of the matter and
therefore all the points are kept open for the respondents to consider in
accordance with law.
13.
Accordingly, the O.A. stands disposed of, no order as to costs.
(Urmita Datta (Sen)
Judicial Member
Subrata Bandyopadhyay
Private Secretary (Consultant)
Digitally signed by Subrata Bandyopadhyay
DN: C=IN, CN=Subrata Bandyopadhyay, O=Central Administrative Tribunal,
OU=Department of Personnel and Training, ST=West Bengal, postalCode=
700020, serialNumber=
6d079e120ec1fabd2e591405ec10ace4fed99b6a0607694428d3202d847d42
27, telephoneNumber=
ecea01182960d6b9364f64b0c7d5ba0c134e202d835afa75289b480171b9c5
dd
Reason: I am the author of this document
Location:
Date: 2026.09.01 16:01:13+05'30'
Foxit PDF Reader Version: 2026.2.0
Subrata
Bandyopadhyay