Delhi HC refuses to interfere with CAT decision on inter-cadre transfer of officer in West Bengal
Sep 13, 2021
New Delhi [India], September 13 : The Delhi High Court has refused to interfere with a Central Administrative Tribunal (CAT) decision and questioned West Bengal on dealing with the request of inter-cadre transfer to other states sought by the officer of All India Service (AIS).
A Bench of Justice Rajiv Shakdher and Justice Talwant Singh dismissed the West Bengal appeal against the Central Administrative Tribunal order dated July 22, this year and said that they are not inclined to interfere with the impugned order.
"We may note that the petitioner has trotted out shortage of officers as the reason for rejecting the request of respondent no.1 (officer) qua inter-cadre transfer, without placing the relevant material on record, " the court said.
"We are noticing that, this approach has been taken, in the matter after matter, by the petitioner (West Bengal) where officer (s) have sought inter-cadre transfer to other state (s) on account of their marriage, and which has been refused on a similar ground," the court said.
"Unless the reasons set out in the order of refusal for inter-cadre transfer are backed by relevant material, it cannot pass the muster of this Court. In any event, the tribunal has given another opportunity to the petitioner to pass a fresh order, as indicated above. Therefore, we find no merit in the writ petition, at least, at this juncture," the court said.
The officer has sought the inter-cadre transfer on account of the fact that, her spouse, who is an Indian Forest Service (IFS) officer of 2012 batch, was posted in Uttarakhand cadre.
The request of respondent officer was rejected by the State of West Bengal, on November 30 2016, on account of shortage of officers.
The officer moved CAT, which on July 22 directed the state of West Bengal to pass a fresh order. The CAT had set aside West Bengal November 30, 2016 decision and grant time of six weeks to the State of West Bengal to pass necessary orders in this behalf.
The CAT had also directed that in case the applicant is not relieved by that time, she shall be deemed to have been relieved on expiry of six weeks.
