CAT - ['Hyderabad']

Administrative authorities must dispose of representations against transfer orders through detailed and speaking orders.

R Rajesh Prasad vs SOUTH CENTRAL RAILWAY

CAT - ['Hyderabad']JUDGMENT: April 06, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicant, working as a Chief Staff and Welfare Inspector at Guntakal Division, originally requested a transfer to the Secunderabad Division on October 16, 2024, to facilitate his son's cricket coaching and education

Source reference: p. 5

The transfer order was issued on February 25, 2025

Source reference: p. 2

Subsequently, the applicant submitted representations on March 24, 2025, and November 12, 2025, seeking to withdraw his transfer request, citing concerns over his ward’s "local/non-local" status for higher education and his son’s upcoming Class-X board examinations

Source reference: p. 2, 5

Despite these representations, Respondent No. 4 issued a relieving order on November 14, 2025

Source reference: p. 2

The applicant challenged these orders, alleging they were issued by an incompetent authority and were discriminatory, as other officials had their transfers cancelled

Source reference: p. 3, 4

The Tribunal initially stayed the transfer and relieving orders on November 21, 2025

Source reference: p. 3
02

Issues

1. Whether the transfer and relieving orders were valid despite the applicant's subsequent request to withdraw his voluntary transfer application

Source reference: p. 2

2. Whether the respondents’ summary rejection of the applicant’s representation through an internal, non-speaking communication was legally sustainable

Source reference: p. 4, 6
03

Law Applied

The Tribunal reaffirmed the settled legal principle that transfer is an incidence of service

Source reference: p. 6

It relied on the Supreme Court’s ruling in Director of School Education Madras and Ors. v. O. Kuruppa Thevan (1994), which establishes that while an employee has no inherent right to be heard before a transfer, authorities should consider the educational interests of the employee’s children, particularly by avoiding mid-academic term transfers unless administrative urgency exists

Source reference: p. 5-6

Furthermore, the court applied principles of administrative justice requiring authorities to dispose of representations through reasoned, "speaking" orders

Source reference: p. 6
04

Reasoning

The Tribunal noted that the applicant had already effectively received the relief of being retained until the conclusion of his son’s Class-X examinations

Source reference: p. 4-5

Regarding the alleged technical defect in the relieving order (competency of the signing authority), the Tribunal found that the error was rectified via a corrigendum dated November 14, 2025

Source reference: p. 3-4

However, the court criticized the respondents' handling of the applicant's final representation; the rejection letter dated November 18, 2025, was found to be a "cryptic and non-speaking" internal communication that was never formally served on the applicant

Source reference: p. 4, 6

The Tribunal reasoned that since the transfer process was initiated by the applicant himself and he had been granted sufficient time to address his son's academic needs, the stay was no longer warranted

Source reference: p. 6

Nevertheless, the lack of a reasoned administrative response to his request for withdrawal necessitated a direction for a proper review

Source reference: p. 6
05

Holding

The Tribunal vacated the stay on the transfer and relieving orders

It directed the competent authority to issue a detailed and speaking order regarding the applicant’s representation dated November 12, 2025 (or any fresh representation filed within one week of the order)

Source reference: p. 6-7

This disposal must occur within four weeks of receipt of the representation

Source reference: p. 7

The OA was disposed of with no order as to costs, granting the applicant liberty to approach the Tribunal again if grievances remain after the speaking order is issued

Source reference: p. 7
CAT - ['Hyderabad']

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R Rajesh PrasadvsSOUTH CENTRAL RAILWAY

CAT - ['Hyderabad'] · April 06, 2026

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