• Political influence in cancelling a transfer order

Am a government employee working in a Urban local body ...applied for general transfer as i have family problems..got the transfer order..but bcoz of high influence and pressure from the political leaders ..in general transfers only my transfer order was cancelled with the same date...my question is can i challenge it through KAT? Can i get justice?
Asked 7 years ago in Labour

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26 Answers

Hello,

Yes you can file a petition for arbitrary cancellation of the transfer order.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You may also approach the HC directly.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

If the jurisdiction of your post is with the Tribunal then yes the order of cancellation of your transfer arbitrarily can be challenged before the Karnataka Administrative tribunal that you were order to be transferred on your request later the transfer was cancelled on the arbitrary grounds and political influence(If there is no proof of it then don't site this as region.)

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Challenge this cancellation before the High Court/CAT. If this cancellation is on account of some extranneous ploitical considerations and influences, you are bound to get a stay on this cancellation.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Challenge the cancellation of your transfer order before the High Court.

Contact a local lawyer.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

you can file petition in CAT to challenge your cancellation of transfer orders on account of political influence

2) you should get justice

3) govt has to justify why your transfer orders were cancelled

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

file application before CAT as mentioned herein above

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

1. Once the transfer order is cancelled then you can file writ petition in the High Court to seek the issuance of a writ to cancel the order through which the transfer order was cancelled.

2. You will have to plead in your writ petition that the cancellation of transfer order was actuated by malice.

3. The appropriate remedy in your case is a writ petition.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

hello

the transfer order was issued as per your request but was cancelled and no reasons were provided. therefore, you should challenge the order as it is based on extraneous reasons.

regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You can approach Karnataka administrative tribunal challenging the order where they cancelled your transfer. Or a writ from high court of Karnataka will only help you to revoke your transfer order.

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

You can file a petition to the District Concern Officer requesting to cancel the transfer order citing family reasons and at the same time send copy of the request letter to Concern Minister.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

If you have some solid proof which are relevant to this case then take immediate steps by challenging this before the CAT.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Not at all , Sir.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

MLA letter is not compulsory for transfer

You can carry on your official duties without is consent

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

No, local MLA has nothing to do in case of transfer.

Only the concerned office and the concerned government department can take action.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Transfer can only be effectuated by the higher officials or the govt. Local mla have no role in it.

Regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Dear Sir,

You can get justice from the Karnataka State Administrative Tribunal on the basis of merits of your case. Its Constituency is as below.

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About KSAT

The pendency of service matters before the High Courts and lower Courts became a pressing problem and it got the attention of Government. As early as 1969 a committee was set up by the Central Government under the Chairmanship of Mr. Justice Shaha of the Supreme Court to make ways and means for effective, expeditious and satisfactory disposal of matters relating to service disputes. The committee recommended for setting up of independent tribunals to handle pending cases before the Supreme Court and High Courts relating to service matters. The Administrative Reforms Commission also took note of this situation and recommended for setting up of Civil Service Tribunals to deal with cases of disciplinary action against government servants.

The need for establishment of Administrative Tribunals was first expressed by the Supreme Court in its judgment in RAMACHANDRAN SHANKAR DEVODHAR AND OTHERS v. STATE OF MAHARASHTRA reported in AIR 1974 SC 259. In that judgment the Hon’ble Supreme Court noticed alarming rise in number of cases pending in the Courts of law filed by Government officials agitating their grievances with regard to their service matters.

The conference of the Chief Secretaries of the States in May 1976 also discussed the huge backlog of pending cases in Supreme Court and High Courts relating to service grievance of Government servants.

Keeping in view the above, the Parliament introduced Article 323A into the Constitution of India by way of 42nd Amendment authorizing the parliament to provide for law for the adjudication or trial by Administrative Tribunals of the disputes and complaints with respect to recruitment and conditions of service of persons appointed to public service and posted in connection with the affairs of the Union or of any State or of any local body or Authority within the territory of India or under the control of Government of India or any State Government or any Corporation owned or controlled by Government.

Though the 42nd Amendment sown the seeds of Administrative Tribunals it did not fructify till 1985. In January 1985 both the houses of Parliament passed the bill and with the Presidential assent “The Administrative Tribunals Act, 1985” came into existence.

Karnataka State Administrative Tribunal was established on 06.10.1986 vide Notification of Government of India bearing No. A 11019/20/86-A dated 03.10.1986. The scheme of the Act in its original form excludes the jurisdiction of High Courts and other Courts subordinate to it with regard to service matters. However, Hon’ble Apex Court in L.Chandrakumar v. Union of India declared that the decision of Administrative Tribunals are amenable to appellate jurisdiction of Jurisdictional High Courts, w.e.f. 18.03.1997.

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http://ksat.kar.nic.in:8080/default.jsp

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Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

No it is not compulsory there is no such requirement for the MLA letter or so called desire the department can transfer on its on accord.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

There is no need for any letter of any MLA approach the KAT seeking stay on revocation of your transfer order and seek to be posted to place where the order was given.

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

Government servants are prohibited from bringing or attempting to bring any political or other influence to bear upon any superior authority to further their interests in respect of matters pertaining to their service under the Government. Therefore, a Government servant is not expected to approach a Member of Parliament or of a State Legislature for sponsoring his individual case.

Rule 20 of the CCS (Conduct) Rules, 1964 provides that no Government servant shall bring or attempt to bring any political or other outside influence to bear upon any superior authority to further his/her service under the Government.

(i) A Government employee violating the aforesaid provisions of the Conduct Rules for the first time should be advised by the appropriate disciplinary authority, to desist from approaching Members of Parliament /Members of State Legislature to further his/her interest in respect of matters pertaining to his/her service conditions. A copy of this advice need not, however, be placed in the CR dossier of the employee concerned.

(ii) If a Government employee is found guilty of violating the aforesaid provisions of the Conduct Rules a second time despite the issue of advice on the earlier occasion, a written warning should be issued to him/her by the appropriate disciplinary authority and a copy thereof should be placed in his/her CR dossier.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Whether you have received the transfer orders in writing?

What was the reason shown for cancellation of this transfer order, whether it was in writing and issued after the transfer order issued to you?

If yes, then you may challenge the transfer order before KAT.

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

How can i revoke my transfer order?

First make a representation to the department head in writing seeking to cancel the cancellation order.

If there is no response or not complied then you may approach KAT for relief and remedy.

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

Is a local MLA letter compulsory for transfer? Without his/ her permission can no official work ?

There is no necessity for that, you can fight it out on merits.

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

You can challenge the cancellation in the CAT.

PLEASE BE AWARE THAT THE LOCAL MLA HAS NOTHING TO DO WITH THE ADMINISTRATION

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

It is not compulsory but can help the cause as it is given weightage and considered seriously.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Is a local MLA letter compulsory for transfer?

Ans. Not like that.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

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