CAT - ['Cuttack']

Transfer in administrative interest is an incidence of service and not subject to judicial interference on personal grounds.

Manoj KUmar Jena vs SOUTH EASTERN RAILWAY

CAT - ['Cuttack']JUDGMENT: April 30, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicant, an Electrical Technician Gr.II (Power) at SER/CKPD/ROU, was transferred to Electrical/SER/CKPD/DPS on administrative grounds via an order dated 11.03.2026.

Source reference: para 1

He was deemed relieved on 17.03.2026.

Source reference: para 1

The applicant submitted representations for cancellation on 18.03.2026 and 20.04.2026, citing personal illness and the pending nature of a criminal case against him.

Source reference: para 1

The applicant approached the Tribunal seeking to quash the transfer and relief orders, along with an interim stay, while the respondents argued that transfer is an incident of service and no vested right exists to remain in one post.

Source reference: para 1-2
02

Issues

1. Whether the transfer order issued on administrative grounds warrants judicial interference based on the personal grievances of the employee.

Source reference: para 4 & 7

2. Whether an employee can challenge a transfer order without first reporting to the new place of posting.

Source reference: para 5-6
03

Law Applied

The Tribunal applied the principle that transfer is an incident of service and a matter for administrative authorities, as established in State of Punjab Vs. Joginder Singh Dhatt.

Source reference: para 4

It adhered to the doctrine from State of M.P. Vs. S.S. Kourav, which holds that Tribunals are not appellate forums for administrative transfers unless vitiated by malafides.

Source reference: para 4

Crucially, it applied the rule from S.C. Saxena Vs. Union of India, stating a government servant must first report to the new posting before ventilating grievances.

Source reference: para 5

The principle recently reaffirmed in The Tamil Nadu Agricultural University & Anr. vs R. Agila (2024), which emphasizes that public interest and administrative needs are paramount over employee inconvenience.

Source reference: para 6
04

Reasoning

The Tribunal analyzed the applicant’s claims regarding illness and legal proceedings against the established legal framework. It reasoned that the "wheels of administration" must run smoothly, especially in the Railway sector which concerns public safety.

Source reference: para 2, 4

The court found that the applicant failed to comply with the mandatory duty to join the new post before litigating, as required by S.C. Saxena.

Source reference: para 5-6

Regarding the applicant's specific grievances, the Tribunal noted that illness can be managed by taking admissible leave at the new station and criminal proceedings can be pursued by taking leave as per service rules.

Source reference: para 7

Since no malafides or extraneous considerations were proven, judicial intervention was deemed unwarranted.

Source reference: para 7
05

Holding

The Tribunal answered the issues in the negative, holding that personal inconveniences such as health or pending litigation do not justify quashing a transfer made in administrative interest.

Consequently, the Tribunal found no grounds to interfere with the orders dated 11.03.2026 and 17.03.2026, and the Original Application was dismissed.

Source reference: para 8
CAT - ['Cuttack']

Original Court PDF

Manoj KUmar JenavsSOUTH EASTERN RAILWAY

CAT - ['Cuttack'] · April 30, 2026

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