Facts
The applicant, an Office Superintendent posted in New Delhi, challenged the transfer order dated 22 July 2026 transferring him from Delhi to Mumbai.
Source reference: p. 3He had previously filed O.A. No. 2823/2026 concerning the same transfer order. That application was disposed of on 31 July 2026 with a direction to the respondents to consider and decide his representation dated 27 July 2026 by a reasoned and speaking order, in accordance with law, within thirty days of receipt of the Tribunal’s order.
Source reference: p. 3The applicant alleged that the respondents had not complied with those directions and that he was likely to be transferred pursuant to a relieving order dated 4 August 2026, under which he was relieved from his New Delhi posting with effect from 31 August 2026 (forenoon).
Source reference: p. 3During the hearing, the applicant sought permission to withdraw the present O.A. with liberty to pursue his grievances in accordance with law.
Source reference: p. 4Issues
1. Whether the applicant should be permitted to withdraw the O.A. concerning the impugned transfer order, with liberty to agitate his grievances in accordance with law.
Source reference: p. 42. Whether the Tribunal should adjudicate the alleged non-compliance with its earlier directions dated 31 July 2026 in the present O.A.
Source reference: p. 3–4Law Applied
The Tribunal applied the procedural principle that an applicant may be permitted to withdraw proceedings, particularly where the applicant seeks liberty to pursue an appropriate remedy in accordance with law.
Source reference: no citationThe Tribunal also preserved the effect of its earlier order dated 31 July 2026, which required the respondents to decide the applicant’s representation through a reasoned and speaking order within the stipulated period.
Source reference: p. 3No statutory provision or judicial precedent was cited, and the Tribunal did not adjudicate the merits of the transfer or the alleged non-compliance.
Source reference: p. 3–4Reasoning
The Tribunal noted that the present O.A. arose from the same transfer order that had already been challenged in O.A. No. 2823/2026.
Source reference: p. 3Although the applicant alleged that the earlier direction had not been complied with and that he had been relieved from his Delhi posting, he ultimately sought withdrawal of the proceedings with liberty to pursue an appropriate remedy.
Source reference: p. 3–4The Tribunal accepted that request and therefore did not examine the legality of the transfer, the adequacy of the respondents’ compliance, or the applicant’s substantive grievances.
Source reference: p. 4Holding
The Tribunal granted permission to withdraw the O.A. and dismissed it as withdrawn, while granting the applicant liberty to agitate his grievances in accordance with law.
The connected miscellaneous applications, if any, were also disposed of, and no order as to costs was made.
Source reference: p. 4Original Court PDF
RAM BHAGATvsUNION OF INDIA
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