Competent Authority Directed to Decide Pending Appeal Against Mutual Transfer Rejection via Reasoned Order

The applicant, a Loco Pilot (Goods) in the Northern Railway, applied for a mutual transfer with one Sh. Vipul Bundela in 2021

Although formalities were completed, administrative delays and staff shortages prevented the transfer from being executed for a significant period

Citing changed personal circumstances, the applicant submitted representations on 15.02.2023 and 26.04.2023 to cancel the transfer request

These were rejected by the respondents on the grounds that the request was voluntary and an undertaking had been signed

The applicant subsequently filed an appeal dated 30.04.2023 before the General Manager, Northern Railway, which remained pending

The applicant approached the Tribunal seeking the quashing of the rejection order and the cancellation of the mutual transfer

1. Whether the Tribunal has territorial jurisdiction to hear the matter given that the impugned orders originated from the Ferozepur Division

2. Whether the competent authority should be directed to decide the applicant’s pending appeal regarding the withdrawal of a mutual transfer request within a stipulated timeframe

Section 19 of the Administrative Tribunals Act, 1985, which empowers the Tribunal to adjudicate grievances related to recruitment and conditions of service of persons appointed to public services

The extant Railway policy regarding mutual transfers, which generally bars the withdrawal of such requests once they have been processed and an undertaking is furnished by the employee

The Tribunal navigated the jurisdictional objection by noting that while the primary orders were passed in Ferozepur, the pending appeal lies with the General Manager, Northern Railway, in New Delhi, which falls within the Principal Bench's territorial jurisdiction

the court did not adjudicate the validity of the transfer withdrawal itself but focused on the administrative delay in deciding the statutory appeal

The Tribunal observed that the applicant had confined his prayer to the expeditious disposal of his representation

Consequently, the court found it appropriate to direct the executive authority to exercise its quasi-judicial function of deciding the appeal through a reasoned order, while providing interim protection to maintain the status quo and avoid rendering the appeal infructuous

The competent authority (General Manager, Northern Railway) was directed to decide the applicant’s appeal dated 30.04.2023 by passing a reasoned and speaking order within thirty days

The Tribunal further ordered that no coercive action (i.e., forced transfer execution) be taken against the applicant until the disposal of the said appeal

No order as to costs was made