A tight slap on Railway Boards’ face by the Court

The posting/transfer order of the Shubhranshu, set aside and quashed by CAT

In view of factual and legal scenario, unerringly it can be said that impugned transfer order is suffering from inherent lacunas and legal infirmities, no post against which applicant was transferred. Even after modification still some infirmities, do remain. The transfer and its modification to the extent as it relates, thus deserve setting aside and hence are set aside and are quashed -CAT/Patna

Applicant Shubhranshu of OA No. 050/00323/2020[VC] a Chief Administrative Officer, Rail Wheel Plant, Bela vide order dated 16.09.2020 has been transferred and has been posted as Chief Mechanical Engineer (Planning) to East Central Railway. Applicant imputing malice etc, has assailed his transfer order in this OA.

Case of the applicant, in short as has been set out in the pleading of OA is that he is an IRSME officer of 1983 batch and is utilizing the power of General Manager also, in addition to his post of CAO and that he, while in year 2007 was in Senior Administrative Grade had remained posted to the post of CME/Plg and after reaching in Higher Administrative Grade he, in year 2019 was posted as Chief Mechanical Engineer under Southern Railway & subsequently was transferred to the post of CAO/RWP/Bela in Sept. 2019.

That status of post of CAO/RWP/Bela is higher than Chief Mechanical Engineer (Planning) Hajipur. That while posted as PCME/Integral Coach Factory, in year 2018-19 a semi high speed train Vande Bharat Express was designed by the team headed by him and for his excellent achievement he was awarded commendation certificate by Railway Minister. That because of this extraordinary achievement of him he could not suit to some of the officers and perhaps because of some internal complaint a vigilance case was registered against him and against some other officers.

That Appointment Committee of the Cabinet has approved the appointment of applicant & 39 others to the post of General Manager & equivalent in the Zonal Railways for the year 2019-20 but deliberately applicant was not given appointment and the applicant has been transferred to a lower grade post.

That applicant is an officer of IRSME 1983 batch and the person holding the post of Chief Mechanical Engineer, E.C.Railway, Hajipur, namely, Shri Ashok Mishra is of 1986 batch and thus vide this transfer applicant has to work under his junior which is contrary to service norms. The prayer as has been made in instant OA is as under:-

8[1] That your Lordships may graciously be pleased to quash and set aside the impugned order of transfer dated 16.09.2020 issued by Respondents as contained in Annexure- A/4.

8[2] That the respondents be further directed to allow the applicant to continue at RWP, Bela as CAO without any disturbance.

8[3] That the respondents be further directed to grant all consequential benefits in favour of the applicant.

8[4] Any other relief or reliefs including the cost of the proceeding may be allowed in favour of the applicant.”

At notice stage hearing, on 18/9/2020, respondent’s counsel after having received the advance copy of the OA has also appeared, and after having heard the counsel for parties to the list and granting ad interim stay against impugned transfer order notice was issued. Notice on behalf of respondents was accepted by Shri B.K. Choudhary, Advocate and he did urge also that sanction to transfer the Post to Hajipur might had been issued and steps to get stay vacated would be needed, so on his request short date to file reply was granted.

After issuance of notice and before filing of the reply two MA, one being MA No. 121/2020 for calling some documents and second being MA No. 120/2020, for placing on record some documents including a letter dated 22.09.2020 (copy Annexure A/7) issued by the Deputy Secretary /Estt (SPL), Railway Board wherein it has been informed that in partial modification of order dated 16.09.2020 Ministry of Railways have decided that Shri Shubhranshu HAG/IRSME, CAO RWP/ Bela should be posted as PCME [PLG] [PHOD]/ East Central Railway, reporting directly to GM/ECR, by utilising the HAG/IRSME post [PC:05AF3P001], were filed and it has been prayed that order dated 22.09.2020 may also be stayed.

After filing of aforesaid two MAs, as hort reply, by way of written statements and reserving liberty to file detailed reply was filed by respondents on 24/09/2020. Along with Reply an MA No.122/2020 for vacating of stay has also been filed.

It has been pleaded by the respondents therein that a letter dated 22.09.2020 (copy Annexure P/2) has been issued by the Deputy Secretary /Estt ( SPL), Railway Board, informing that in partial modification of transferring order dated 16.09.2020 Ministry of Railways have now, with the approval of the president has decided that Shri Shubhranshu HAG/IRSME, CAO RWP/Bela, should be posted as PCME [PLG] [PHOD]/ECR, reporting directly to GM/ECR, by utilising the HAG/IRSME post [PC:05AF3P001] transferred to ECR vide Board’s order No.2020E[GC]12-72[73] dated 18.09.2020.

It has also been pleaded that neither the transfer order is punitive in nature nor it amounts to reduction in rank and it was issued in administrative exigencies and that PCME [PLG] is also an HAG post.

That raising of Issue of appointment to the post of General Manager & equivalent in the Zonal Railways for the year 2019-20 is not just and proper as the same is subject matter of different OA, OA No. 251/2020 filed by the applicant.

That the substantive capacity of the applicant is only in HAG of IRSME and he was never in the grade of GM/equivalent. That in terms of Rule 226 of the Indian Railway Establishment Code Vol-I, the President, in exigencies of services can transfer any Railway Servant to any Railway or Unit inside or outside India and in terms of Appendix-VI of IREC (Vol.1) Rule 103(2) Railway Board enjoys full power in inter Railway transfer/posting of officer of SAG and above.

That instructions contained in Railway Board’s letter dated 10.06.2014 are for the Zonal Railway/production Units for setting in place a mechanism for transfer of officers within their jurisdiction, and however, inter-railway transfer of Group-A Railway officers are governed by instructions contained in Railway Board’s Comprehensive Transfer Policy dated 31.08.2015.

That being a Government servant it was his duty to first report for work where he has been transferred and make representation thereafter and that tendency to not reporting at the place of posting and indulging in litigation needs to be curbed.

Applicant did file rejoinder on 25/9/2020, to this short reply as well to MA for vacating of stay. He did plead in rejoinder that the statement of respondent regarding status of CAO/RWP Bela and post of (Plg)/PCME (Plg) of Railway is misleading and false and obviously their attitude is malice and that they to harass, humiliate and lowering down the status of the applicant has posted him below his present status.

That the order of him transferring to the post of CME/Plg was not issued by approval of President, that post of HAG from IROAF to EC Railway was transferred after interim order passed by this tribunal. That merely re-designation of the post of CME/Plg as PCME/Plg neither changes its role nor practical chain of reporting.

Applicant reiterated his contentions raised in the OA and asserted that transfer order dated 16/9/2020 & its modification vide letter dated 22/9/2020 both are legally untenable.

Respondents, on 19/10/2020 did file Reply, to supplement their earlier filed short reply stating that the applicant is a HAG/IRSME officer and the post of CAO/RWP/Bela, to which he was posted before transfer and the post of PCME [Planning]/EC Railway, to which he is under orders of transfer both are in HAG and that the substantive capacity of the applicant is only in HAG of IRSME and he was never in the grade of GM/equivalent.

The respondents have also pleaded that the name of the applicant is figuring in the “Agreed List” and the officers whose name figures in “Agreed List” are required to be posted against the posts which are classified as “non-sensitive” restraining them from being associated with tender related activities and other sensitive matters.

That taking into consideration all the relevant factors in view, it was decided, with the approval of the competent authority to post the applicant as PCME [Plg.] in East Central Railway, by operating the SAG level post in HA Grade, which is considered to be “non-sensitive” post.

Applicant, on 4/11/2020 did file rejoinder to this supplementary reply as well stating that as CME/PCME (Plg) PHOD also the fact would remain that being an officer of Mech. Department applicant had to execute Mech. work only under the control of his junior Sri Ashok Kumar Mishra, PCME/PHOD who even is not in a regular HAG but is HAG non functional.

The significance of planning wing can be evaluated from this fact alone that the post was lying vacant since long and was being looked after by an officer of SAG as an additional duty. Planning is a small part of the Mechanical Department and there can be only one Principle Head of the Department and said Head of the Department is Sri Ashok Kumar Mishra and the GM would continue to address the PCME/PHOD for roles performed by the applicant.

On completion of pleading, matter was fixed for final hearing and was heard for final disposal. Learned counsel Shri M. P. Dixit advocate, appearing for the applicant & referring the pleadings and annexed documents of OA, of MAs and of Reply & Rejoinder emphasized that the post of CME/Plg on which applicant was transferred vide order dated 16/9/2020 admittedly was of SAG officer, of lower grade post for the applicant and applicant holding said post has to work under his junior.

He assailed the impugned order dated 16/9/2020 and urged that it is also obvious from said order that sanction for transferring of this post of CAO/IROAF was not issued till date of impugn order. He contended that only to lower down the dignity of the applicant said transfer order was passed.

Mr. Dixit imputing malice also did contend that after filing of the present OA and the order passed by this Tribunal on18.09.2020, whereby the impugned order of transfer dated 16/9/2020 has been stayed, its modification vide letter dated 22/9/2020 was directed but still transfer order dated 16/9/2020 and modified order both are not legally tenable and obviously attitude of respondent is not fair.

That neither re-designation of post of CME/Plg as PCME/Plg changes its role nor practical chain of reporting. That status of post of CAO/RWP/Bela is higher than CME/Plg, Hajipur as well and therefore after modification dated 22/9/16 the applicant has remained transferred to a lower grade post.

Mr. Dixit also argued that as CME/PCME/Plg PHOD, being an officer of Mechanical Department applicant had to execute the work of Mechanical only under the control of Principle Head of the Department.

That the Planning is a small part of the Mechanical Department and there can be only one Principle Head of the Department and said Head of the Department is Sri Ashok Kumar Mishra and the GM would continue to address the PCME/PHOD for roles performed by the applicant.

That applicant is an officer of IRSME 1983 batch and Shri Ashok Mishra, is of 1986 batch is holding the post of CME/ECRly, Hajipur and thus vide this transfer applicant has to work under his junior which is contrary to service norms. Learned advocate concluded his submission submitting that transfer order needs quashing.

Shri B. K. Choudhary Advocate appearing for respondents disputed the submission made by counsel for applicant and urged that the applicant was issued vigilance questionnaire on 20/5/2020 in connection with the irregularities in procuring items in Single Tender in his capacity as PCME of Integral Coach Factory, that name of the applicant is figuring in the “Agreed List” and the officers whose name figure in “Agreed List” are required to be posted against the posts which are classified as “non-sensitive” restraining them from being associated with tender related activities and other sensitive matters.

That taking into consideration all the relevant factors in view, it was decided, with the approval of the competent authority to post the applicant as PCME [Plg.] in East Central Railway, by operating the SAG level post in HA Grade, which is considered to be “non-sensitive” post.

That after order dated 16.09.2020 Ministry of Railways have decided that Sri Shubhranshu HAG/IRSME, CAO RWP/Bela be posted as PCME/Plg [PHOD]/ East Central Railway, reporting directly to GM/ECR, by utilizing the HAG/IRSME post.

Mr. Choudhary also argued that the applicant is a HAG/IRSME officer and the post of CAO, RWP/Bela, to which he was posted before transfer and the post of PCME [Planning]/EC Railway, to which he is under orders of transfer both are in HA Grade and that the substantive capacity of the applicant is only in HAG of IRSME and he was never in the grade of GM/equivalent. That neither the transfer order is punitive in nature nor it amounts to reduction in Rank and it was issued in administrative exigencies and that PCME [PLG] is also an HAG post.

That being a Government servant it was his duty to first report for work where he has been transferred and makes representation thereafter and that tendency to not reporting at the place of posting and indulging in litigation needs to be curbed. Learned counsel also filed short written note of submission.

After filing of the present Original Application (OA) and passing of interim order dated 18.09.2020 of this Tribunal several events have taken place, which has been brought on record and are undisputed. Before adverting to rival submissions it is just and proper to take note of scope of judicial Review in case of transfer of an employee and all such events as well.

It is trite that transfer is an incidence of service and as long as the authority acts keeping in view the administrative exigency and taking into consideration the public interest as the paramount consideration, it has unfettered powers to effect transfer subject of course to certain disciplines.

Once it is admitted that the applicant holds a transferable post then he is liable to be transferred. It is for the administration to take appropriate decision. However, this power must be exercised honestly, bonafide and reasonably. It should be exercised in public interest.

If the exercise of power is based on extraneous considerations without any factual background foundation or for achieving an alien purpose or an oblique motive it would amount to mala fide and colourable exercise of power.

A transfer is mala fide when it is made not for professed purpose, such as in normal course or in public or administrative interest or in the exigencies of service but for other purpose, such as on the basis of complaints.

It is the basic principle of rule of law and good administration that even administrative action should be just and fair. An order of transfer is to satisfy the test of Articles 14 and 16 of the Constitution otherwise the same will be treated as arbitrary. Judicial review of the order of transfer is permissible when the order is made on irrelevant consideration.

Even when the order of transfer which otherwise appears to be innocuous on its face is passed on extraneous consideration then the Court is competent to go into the matter to find out the real foundation of transfer. The Court is competent to ascertain whether the order of transfer passed is bonafide or as a measure of punishment.

The law regarding interference by Court in transfer/posting of an employee, as observed above, is well settled and came up before the Hon’ble Supreme Court in E.P. Royappa vs. State of Tamil Nadu, (1974) 4 SCC 3; B. Varadha Rao vs. State of Karnataka, (1986) 4 SCC 131; Union of India and others vs. H. N. Kirtania, (1989) 3 SCC 445; Shilpi Bose (Mrs.) and others vs. State of Bihar and others, 1991 Supp (2) SCC 659; Union of India and others vs. S.L. Abbas, (1993) 4 SCC 357; Chief General Manager (Telecom) N.E. Telecom Circle and another vs. Rajendra CH. Bhattacharjee and others, (1995) 2 SCC 532; State of M.P. and another vs. S.S. Kourav and others, (1995) 3 SCC 270; Union of India and others vs. Ganesh Dass Singh, 1995 Supp. (3) SCC 214; Abani Kanta Ray vs. State of Orissa and others, 1995 Supp. (4) SCC 169; National Hydroelectric Power Corporation Ltd. vs. ShriBhagwan and Shiv Prakash, (2001) 8 SCC 574; Public Services Tribunal Bar Association vs. State of U.P. and another, (2003) 4 SCC 104; Union of India and others Vs. Janardhan Debanath and another, (2004) 4 SCC 245; State of U.P. vs. Siya Ram, (2004) 7 SCC 405; State of U.P. and others vs. Gobardhan Lal, (2004) 11 SCC 402; Kendriya Vidyalaya Sangathan vs. Damodar Prasad Pandey and others, (2004) 12 SCC 299; Somesh Tiwari vs. Union of India and others, (2009) 2 SCC 592; Union of India and others vs. Muralidhara Menon and another, (2009) 9 SCC 304; Rajendra Singh and others vs. State of Uttar Pradesh and others, (2009) 15 SCC 178; and State of Haryana and others vs. Kashmir Singh and another,(2010) 13 SCC 306 and the conclusion may be summarised as under:-

1. Transfer is a condition of service.
2. It does not adversely affect the status or emoluments or seniority of the employee.
3. The employee has no vested right to get a posting at a particular place or choose to serve at a particular place for a particular time.
4. It is within the exclusive domain of the employer to determine as to at what place and for how long the services of a particular employee are required.
5. Transfer order should be passed in public interest or administrative exigency, and not arbitrarily or for extraneous consideration or for victimisation of the employee nor it should be passed under political pressure.
6. There is a very little scope of judicial review by Courts/ Tribunals against the transfer order and the same is restricted only if the transfer order is found to be in contravention of the statutory Rules or malafides are established.
7. In case of malafides, the employee has to make specific averments and should prove the same by adducing impeccable evidence.
8. VIII. The person against whom allegations of malafide is made should be impleaded as a party by name.
9. Transfer policy or guidelines issued by the State or employer does not have any statutory force as it merely provides for guidelines for the understanding of the Department personnel.
10. The Court does not have the power to annul the transfer order only on the ground that it will cause personal inconvenience to the employee, his family members and children, as consideration of these views fall within the exclusive domain of the employer.
11. If the transfer order is made in mid-academic session of the children of the employee, the Court/Tribunal cannot interfere. It is for the employer to consider such a personal grievance.

In instant case after institution of the case a letter dated 18.09.2020 (Annexure-P/1) has been issued by Ms Monika Dy. Director, Estt. [Gaz. Cadre], Railway Board whereby it was conveyed that the sanction of the Ministry of Railways has been accorded for transfer the vacant HAG/IRSME post [PC:05AF3P001] of CAO/IROAF from IROAF to ECR for its operation as CME/Plg. Another letter dated 22.09.2020 [Annexure-P/2] whereby one Mr. S.C. Krishna Dy. Secretary/ Estt. [SPL], Railway Board intimated the modification made in transfer order dated 16/9/2020 of applicant. One another letter dated 22.09. 2020 has also been issued by Ms Monika Dy. Director, Estt. [Gaz. Cadre], Railway Board, which is in the form of Corrigendum of letter dated 18.09.2020 (Annexure-P/1). With written note of submission respondent has placed an letter dated 5/11/2020 [Annexure-R/4], issued by the Jt. Director, Estt.[Gaz. Cadre], Railway Board and it is also in the form of Corrigendum of letter dated 18.09.2020 ( Annexure-P/1). For sake of brevity all these four letters are being reproduced herein below:-

Letter dated 18.09.2020 relating to sanction of transfer of the Post

“No. 2020E[GC]12-72[73] Dated 18/9/2020

The General Managers,

East Central Railway, Hajipur &

IROAF, New Delhi.

Sub. :Transfer of HAG/IRSME post [PC:05AF3P001] of CAO/IROAF to ECR for operation as CME/Plg./ECR.

Sanction of the Ministry of Railways is hereby accorded to transfer the vacant HAG/IRSME post [PC:05AF3P001] of CAO/IROAF from IROAF to ECR for its operation as CME/Plg.

Operation of the HAG/IRSME post [PC :05AF3P001] at ECR will be effective from the date of the release of the HAG/IRSME post by IROAF, or from the date of the actual operation of the post at ECR, whichever is later.

This issues with the concurrence of the Finance Directorate of the Ministry of Railways.”

Letter dated 22.09.2020, Corrigendum to letter dated 18.09.2020.

“No.2020E[GC]12-72 [73-A]       New Delhi dt. 22.09.2020

The General Managers,

East Central Railway, Hajipur &

IROAF, New Delhi.

Sub. : Transfer of HAG/IRSME post [PC:05AF3P001] of CAO/IROAF to ECR for operation as PCME/Plg.[PHOD/ECR.

Ref. : Board’s Sanction No.2020E[GC] 12-72[73] dt. 18.09.2020CORRIGENDUM

The subject and the relevant part of para 1 of order issued vide letter No. 2020E[GC]12-72 [73] dt. 18.09.2020 may be read as under :-

“Transfer of HAG/IRSME post [PC:05AF3P001] of CAO/IROAF to ECR for operation as PCME]Plg.[PHOD]/ECR”.

This issues with the concurrence of Finance Directorate of Ministry of Railways.

[ Monika]

Dy. Director, Estt. [Gaz.Cadre]

Railway Board”

Letter dated 22.09.2020 about modification in transfer order dated 16/9/2020

“GENERAL MANAGER,                                                     FAX/POST COPY

EAST CENTRAL RAILWAY/HAJIPUR AND                    ISSUED ON 22.09.2020

THE CAO

RAIL WHEEL PLANT/BELA

NO. E[O]III-2020/TR/377[I] In partial modification to the order of even number dated 16.09.2020 transferring Shri Shubhranshu, HAG/IRSME, CAO/RWP/Bela to East Central Railway and posting HIM in the cadre as CME/PLG, Ministry of Railways have now with the approval of the president decided that Shri Shubhranshu HAG/IRSME, CAO RWP/Bela, should be posted as PCME [PLG] [PHOD]/ East Central Railway, reporting directly to GM/ECR, by utilising the HAG/IRSME post [PC:05AF3P001] transferred to ECR vide Board’s order No.2020E[GC]12-72[73] dated 18.09.2020[:]

RAILWAYS

[S.C.KRISHNA]

DEPUTY SECRETARY ESTT.[SPL]

RAILWAY BOARD”

Second letter, dated 05.11.2020,Corrigendum to letter dated 18.09.2020

“No. 2020E [GC]12-72                                 New Delhi, dt. 05.11.2020

The General Manager,

East Central Railway, Hajipur and

Chief Administrative Officer,

IROAF, New Delhi

In terms of Board’s sanctions No.2020E[GC]12-72 dt. 18.09.2020 and corrigendum dt. 22.09.2020 the HAG/IRSME post [PC-05AF3P001] of CAO/IROAF was transferred to ECR for its operation as PCME/Plg.[PHOD]/ECR. Vide para No.2 of the said sanction dated 18.09.2020 the following was advised :-

“Operation of the HAG/IRSME post [PC-05AF3P001] at ECR will be effective from the date of the release of the HAG/IRSME post by IROAF or from the date of actual operation of the post at ECR, whichever is later”.

As regards release of the HAG/IRSME post [PC-05AF3P001], it is clarified that since IROAF is under administrative control of Railway Board, the HAG IRSME post so transferred may be treated as released from the date of the issue of the sanction i.e. 18.09.2020 to be operated on ECR as PCME/Plg in HAG immediately.

This issues with the approval of the Competent Authority.

[Devendra Kumar]

Jt. Director, Estt. [Gaz.Cadre]

Railway Board”

The impugned order reveals that the applicant is transferred to East Central Railway and posted in the cadre as CME/PLG by utilising the vacant HAG post of CAO/IROAF. Operative portion of impugned transfer order reads as under:-

“General Manager                                                               Fax/Post Copy

East Central Railway/Hajipur &                                       Issued On 16.09.2020

The CAOs

Rail Wheel Plant/Bela

WPO/Patna

No. E[O]III-2020/TR/377 [.] Ministry of Railways Have the approval of the President decided that –

Shri Shubhranshu, HAG/IRSME, presently working as CAO/RWP/Bela, should be transferred to East Central Railway and posted in the cadre as CME/PLG by utilising the vacant HAG post of CAO/IROAF (.)Sanction for transfer of HAG post of CAO/IROAF to East Central Railway will be issued separately: and

Shri Manu Goel, NFHAG/IRSME, presently working as CAO/WPO/Patna, should also look after the duties of the post of CAO/BELA, until further orders or posting of an incumbent, whichever is earlier (.).

Railways[.]

[S.C.Krishna]

Deputy Secretary/Estt.,[Spl]

Railway Board” 

It can be inferred from the impugned order itself that at the time of issuance of this order post of CME/PLG may not be HAG post. Second part of the order reflects that at the time of issuance of this order vacant HAG post of CAO/IROAF has not been transferred. The order clearly speaks that that the Sanction for transfer of HAG post of CAO/IROAF to East Central Railway will be issued separately.

It is evident that sanction for transfer of HAG post of CAO/IROAF  to East Central Railway was issued vide Railway Board’s letter dated 18/9/2020, Annexure P/2, reproduced herein above. Further this letter dated 18/9/2020 though speaks that sanction for Transfer of the post has been accorded but it cannot be construed from it that post in fact has been transferred. The letter speaks itself that Operation of the HAG/IRSME post [PC: 05AF3P001] at ECR will be effective from the date of the release of the HAG/IRSME post by IROAF, or from the date of the actual operation of the post at ECR, whichever is later. Nothing to show that IROAF has released the post or the post has come in operation in ECR at the time of transfer.

Further it can be said, without any hesitation that the post of CME/PLG to which applicant was transferred on 16/9/2020 is a lower grade post and had it not been so the respondent would not have issued modification order dated 22/9/16. Modification order dated 22.09.2020 reveals that with the approval of the President it has been decided that Shri Shubhranshu HAG/IRSME, CAO RWP/Bela, should be posted as PCME [PLG] [PHOD]/East Central Railway, reporting directly to GM/ECR, by utilising the HAG/IRSME post [PC:05AF3P001] transferred to ECR vide Board’s order No. 2020E[GC]12-72[73] dated 18.09.2020.

It is the contention of learned counsel for the applicant that even after modification the assigned post of PCME [PLG] [PHOD]/East Central Railway, reporting directly to GM/ECR would not serve the purpose, status of post of Chief Administrative Officer Rail Wheel Plant Bela is higher than Chief Mechanical Engineer (Planning) Hajipur and therefore after modification dated 22/9/16 also the applicant has been remained transferred to a lower grade post. Stand of respondent is that the applicant is a HAG/IRSME officer and the post of CAO, RWP/Bela, to which he was posted before transfer and the post of PCME [Planning]/EC Railway, to which he is under orders of transfer now both are in HA Grade and that the substantive capacity of the applicant is only in HAG of IRSME and he was never in the grade of GM/equivalent and that neither the transfer order is punitive in nature nor it amounts to reduction in Rank and it was issued in administrative exigencies and that PCME [PLG) is also an HAG post.

It is not disputed that CME/PCME (Plg) PHOD is an officer of Mechanical Department, there can only be one Principle Head of the Department and said Head of the Department is Sri Ashok Kumar Mishra. It is also admitted case that the applicant is an officer of IRSME 1983 batch, enjoying HAG grade and Shri Ashok Mishra, is of 1986 batch and has been granted HA grade on 13/12 2018 on non functional basis only. Mere re-designation of post of CME (plg) as Principle CME (plg) may not change its role and this submission of learned counsel that vide this transfer applicant has to work under his junior cannot be said to be without substance nor the respondent has been able to wash out completely, the shrouded mist of legal malice.

In view of factual and legal scenario discussed above, unerringly it can be said that impugned transfer order is suffering from inherent lacunas and legal infirmities, no post against which applicant was transferred, in fact was existing at Hajipur at the time when the transfer was made. Even after modification of transfer order still some infirmities, as noted above, do remains. The impugned transfer order of applicant dated 16/9/2020 and its modification order dated 22/09/2020 to the extent as it relates to posting/transfer of the applicant, thus deserve setting aside and hence are set aside and are quashed.

With aforesaid observation and direction and in terms to the extent stated above, the OA stands allowed. Pending MA or MAs, if there is any also stand disposed of accordingly. No order to cost.