• Challanging administration ground transfer

Iam a railway employee working as Loco Pilot I have completed 18 years service . suddenly administration transfered me a tribal area on administration ground. Can I Challange my transfer at CAT
Asked 7 years ago in Labour

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8 Answers

Yes the transfer can be challenged but since the transfer is not right of the employee the department on need and public interest can transfer you on the administration grounds. as per law if there is any mala fied or any departmental conspiracy against same then it would be good ground to challange.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Transfer is part of the administration of the department and unless transfer done in lieu of punishment , you can not challenge it.

However if there is any health issue concerned with the place of new posting or some other pressing family reason you can give representation but if the same is not allowed no legal remedy is there.

So it is better you join the new posting.

You may though refer to your service rules as regards any restraint of posting to far away places if certain period of service is done.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Yes.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

1) No you can't challenge directly except on medical ground you can challenge the same and provide the valid reason to administration.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Definitely, you can challenge your transfer on the ground of malafides or in case the same is punitive.

One will need some more inputs in this matter to give you a candid advise.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Transfer is open to assail in CAT but court are reluctant to interfere with transfer until not effected arbitrarily.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

If this decision was taken to avenge you on some personal score by vested interest you may challenge the same in the court of law.

Or, if the transfer is routine by service exigencies and well within the rules of the transfer policy, your challenge may not get a warm reception, however you may approach CAT for relief and remedy.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

It is very difficult to get the transfer order quashed.

Only it may be quashed if there is some malafide.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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