Excelsior Correspondent
SRINAGAR, May 15: The Central Administrative Tribunal (CAT) has quashed the transfer of an employee which was made at the behest of local MLA citing that the employers should be allowed to function without fear and not on the lines drawn by the politicians.
The petitioner-Mohammad Rafiq Lali of District Budgam challenged an order No. 237- JK (Edu) of 2025 dated 17-03-2025 with the prayer to allow him to complete his tenure as Warden in Gujjar and Bakerwal Boys Hostel, Srinagar.
The petitioner-Lali worked as lecturer in Govt. Boys Higher Secondary School, Charar-e-Sharief, Budgam, presently deployed as Warden in Gujjar & Bakerwal Boys Hostel, Srinagar, was aggrieved of order dated 17-03-2025, by virtue of which, he is recalled with the direction to report to his original place of posting with immediate effect.
The Division Bench of M S Latief (Judicial) and Prasant Kumar (Adm) quashed and set aside the order of his transfer with the direction to the aggrieved employee to move a detailed representation before the competent authority projecting all his grievances before it.
The competent authority has been directed to accord the opportunity of being heard to the petitioner and pass a fresh order within a period of 15 days positively strictly keeping in view the administrative and public exigency.
“It is further provided that for the period of 15 days, the petitioner shall be allowed to continue at his place of posting and it shall be the sole responsibility of the competent authority to dispose off the representation of the petitioner within the aforesaid period by passing a speaking order afresh in accordance with law”, read the judgment.
The bench has expressed its anguish over the interference of MLA in administrative affairs and recorded that employers should be allowed to function without fear and favour and they should not be compelled to toe the line drawn by the politicians or any third party interference, as rule of law contemplates governance by law and not by humor, whims or caprices of the men to whom the governance is entrusted.
The bench said that whenever any transfer or recall is ordered, not by the competent authority but on the recommendations of a Minister or MLA, then, before ordering the transfer, voice of the Administrative Department must be ascertained and only after that a transfer/recall may be ordered, if approved by the Administrative Department, meaning thereby that approval of the Administrative Department has, essentially, to be sought.
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