Facts
The applicant, an Examiner in the GP Fund Police Move Cell, challenged his deployment under Order No. 86-DGF of 2026 dated 11 June 2026.
Source reference: no citationIn an earlier proceeding, the Tribunal had permitted him to make a representation and directed the competent authority to decide it on its merits; meanwhile, the deployment order was not to be acted upon as against him.
Source reference: para. 7The applicant’s representation referred to his impending retirement, service record, and other circumstances. His immediate superior also recommended his retention, citing his role in ongoing accounts work and the processing of his pension papers.
Source reference: paras. 8–10, 24The authority rejected the representation by Order No. 95-DGF of 2026 dated 25 June 2026, which the applicant challenged as arbitrary and non-speaking.
Source reference: paras. 1–2Issues
Whether the competent authority meaningfully considered the applicant’s representation, as directed by the Tribunal, and the relevant material supporting it.
Source reference: paras. 25–29Whether the impugned rejection order could stand despite not disclosing consideration of those material circumstances.
Source reference: paras. 27–30Whether the applicant should remain at his existing place of posting pending reconsideration.
Source reference: para. 33Law Applied
Transfer and deployment ordinarily fall within the administrative domain, and an employee has no vested right to remain at a particular posting.
Source reference: para. 22However, where an authority is directed to consider a representation on its merits, it must meaningfully consider the relevant material and disclose application of mind; an order that fails to address material circumstances does not satisfy that requirement.
Source reference: paras. 25–29The Tribunal also noted the respondents’ objection concerning Section 21 of the Act to the interim order, but considered the intervention justified in the circumstances, where delay could have rendered the proceedings nugatory.
Source reference: para. 31Reasoning
The Tribunal did not review the deployment as an appellate authority or recognize a right to a particular posting. It instead examined whether the rejection complied with the earlier direction to consider the representation on its merits.
Source reference: no citationThe order did not indicate consideration of the immediate superior’s recommendation, the applicant’s ongoing work responsibilities, the report finding the allegations unsustainable, or the circumstances following the complainants’ repatriation.
Source reference: paras. 27–29Given these omissions and the applicant’s impending retirement, the Tribunal held that the representation required fresh consideration, without expressing a view on its ultimate merits.
Source reference: para. 30Holding
The Tribunal set aside Order No. 95-DGF of 2026 and remitted the matter for fresh consideration of the representation, including the specified material, followed by a reasoned and speaking order.
Pending that decision, Order No. 86-DGF of 2026 was not to be acted upon against the applicant, who was permitted to remain at his existing posting; the competent authority was directed to decide the matter preferably within four weeks.
Source reference: para. 33The O.A. was disposed of without an order as to costs.
Source reference: para. 34Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Linked provisions open on LawLens.
the Act (alias, unresolved)1
Original Court PDF
Jawid ahmad bhatvsFINANCE DEPARTMENT
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