CAT - Kolkata

Transfer order rejection without reasoned order is discriminatory and non-speaking.

Smt. Anjana Laha v. Union of India and Ors., O.A. 350/331/2026

CAT - KolkataJUDGMENT: no citation2 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

Smt. Anjana Laha, an Upper Division Clerk, was transferred from Kolkata to Delhi via an order dated December 26, 2025.

Source reference: p.2

She submitted a representation on January 2, 2026, citing difficulties with the transfer due to her daughter's studies in City College, Kolkata, her son's enrollment in Class VI at South Point School, Kolkata, and her husband being a Central Government employee posted in Kolkata.

Source reference: p.2

Her representation was rejected without providing reasons through a common order dated February 17, 2026.

Source reference: p.2

The applicant contended that this rejection was non-speaking, cryptic, and discriminatory, especially since other applicants were granted consideration on medical grounds via an order dated January 20, 2026.

Source reference: p.2

It was also noted that the applicant had not yet been relieved of her duties at the time of the hearing.

Source reference: p.3
02

Issues

1. Whether the rejection of the applicant's representation against her transfer order was arbitrary, non-speaking, cryptic, and discriminatory.

Source reference: p.2

2. Whether the respondents should be directed to reconsider the applicant's case and provide a reasoned decision.

Source reference: p.3
03

Law Applied

The court applied the general principles of administrative law requiring public authorities to provide reasoned and speaking orders when rejecting representations, especially when such rejections impact an individual's rights or circumstances.

Source reference: p.3

The principles of natural justice and fairness implicitly guide administrative actions, demanding transparency and due consideration.

Source reference: p.2-3
04

Reasoning

The Tribunal noted that the respondents rejected the applicant's representation in a "stereotype manner".

Source reference: p.3

This implied a lack of proper consideration for the specific grounds raised by the applicant concerning her family circumstances and her children's education.

Source reference: p.2

The court deemed the rejection order to be "non-speaking one, cryptic and also discriminatory in nature," particularly when contrasted with other cases where consideration was granted on medical grounds.

Source reference: p.2

The court emphasized that for the "ends of justice," a reasoned and speaking order is essential, indicating that the initial rejection failed to meet this standard.

Source reference: p.3

Therefore, the Tribunal concluded that a fresh reconsideration was warranted to ensure that the applicant's arguments were duly addressed.

Source reference: p.3
05

Holding

The Tribunal directed the respondents, specifically respondent no. 4 or any other competent authority, to reconsider the applicant's case, treating the O.A. as part of this reconsideration.

The respondents were ordered to communicate a reasoned and speaking decision to the applicant within four weeks of receiving the order.

Source reference: p.3

Until then, the respondents were directed to maintain the status quo concerning the applicant.

Source reference: p.3

The O.A. was disposed of at the admission stage.

Source reference: p.3
CAT - Kolkata

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Smt. Anjana Laha v. Union of India and Ors., O.A. 350/331/2026

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