Facts
The applicant, a Sub-Divisional Engineer with BSNL, challenged his transfer order dated 9 May 2026.
Source reference: no citationHis interim prayer to stay the transfer had earlier been rejected on 19 June 2026.
Source reference: p.2Subsequently, the respondents sought supporting documents concerning the applicant’s dependent father and his caregiving responsibilities.
Source reference: p.2The applicant submitted an undertaking and supporting material dated 24 June 2026.
Source reference: p.2A Committee constituted by the respondents to examine retention or cancellation of transfer cases on medical grounds recommended his retention in the Madhya Pradesh Circle until 31 March 2027 on account of medical exigencies.
Source reference: pp.2–3Despite that recommendation, the respondents rejected his representation on 6 August 2026 and issued a relieving order on 31 August 2026.
Source reference: p.3The applicant therefore sought reconsideration of his case in light of the Committee’s recommendation and protection from coercive action pending such reconsideration.
Source reference: p.3Issues
Whether the respondents were required to reconsider the applicant’s request for retention in the Madhya Pradesh Circle in light of the Committee’s recommendation based on his medical and caregiving circumstances.
Source reference: p.3Whether the applicant was entitled to protection against coercive action, including implementation of the relieving order, pending a reasoned decision on his fresh representation.
Source reference: pp.3–4Law Applied
The Tribunal did not expressly invoke any specific statutory provision or judicial precedent.
Source reference: no citationIt applied the administrative-law principles of fair and reasoned consideration of an employee’s representation, particularly where a duly constituted departmental Committee has recommended retention on medical grounds.
Source reference: no citationThe Tribunal also exercised its power to issue consequential interim protection by directing maintenance of status quo and restraining coercive action until the representation was decided.
Source reference: p.4The order reflects the principle that an administrative authority must meaningfully consider relevant material and provide a reasoned and speaking order.
Source reference: no citationReasoning
The Tribunal found that the applicant’s case warranted reconsideration because the departmental Committee had specifically recommended his retention in the Madhya Pradesh Circle until 31 March 2027 owing to medical exigencies.
Source reference: p.4Although the respondents contended that the applicant’s father’s dependency had not been recorded in the service record and that the applicant had already been relieved, those circumstances did not eliminate the obligation to consider the Committee’s recommendation and the supporting material placed by the applicant.
Source reference: p.3The Tribunal therefore directed the applicant to submit a comprehensive fresh representation, which the respondents were required to decide through a reasoned and speaking order within a stipulated period.
Source reference: p.4To preserve the efficacy of that reconsideration, the Tribunal ordered maintenance of status quo and restrained further coercive action in the meantime.
Source reference: p.4Holding
The Tribunal allowed MA No. 1073 of 2026 and disposed of OA No. 531 of 2026.
The applicant was directed to file a comprehensive representation within two weeks of receiving the certified copy of the order.
Source reference: p.4If filed within time, the respondents were directed to consider it in light of the Committee’s recommendation and pass a reasoned and speaking order within a further period of two weeks, with a copy to be supplied to the applicant.
Source reference: p.4Until the representation was decided, the respondents were directed to maintain status quo and refrain from taking coercive action against the applicant.
Source reference: p.4No order as to costs was made.
Source reference: p.4Original Court PDF
Santosh Kumar HaldkarvsTELECOMMUNICATION
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
![Respondents must reconsider the transfer representation in light of the Committee’s recommendation and maintain status quo pending decision.. Santosh Kumar Haldkar vs TELECOMMUNICATION. CAT - ['Jabalpur']. LawLens](/stories/thumbnails/respondents-must-reconsider-the-transfer-representation-in-light-of-the-committees-recomme-fefb12b9f8f54bd3a6c1f86eb741d72e.webp)