Transfer & Posting Is An Administrative Function; CAT Can't Interdict It At Interim Stage: Delhi High Court

The Delhi High Court has held that transfer and posting are matters of administrative discretion, and the Central Administrative Tribunal (CAT) cannot interdict such decisions through ad-interim orders, especially at a preliminary stage of proceedings.

A Division Bench of Justice Anil Kshetarpal Hon'ble Mr. Justice Amit Mahajan observed,

“An interim order is ordinarily intended to preserve the status quo or to prevent irreparable injury pending adjudication. However, where the interim direction virtually grants the substantive relief sought in the original application or significantly impedes administrative discretion, greater circumspection is required.”

The Court was dealing with a petition filed by the Union of India challenging an ad-interim order passed by the CAT, restraining it from posting junior officers over the respondents, who were senior in rank.

Centre argued that interim relief was granted at the stage of admission, directly impacting the administrative functioning of the department.

The High Court observed that courts and tribunals must exercise great restraint while interfering in transfer and posting matters, which fall squarely within the domain of the executive. It observed,

“It must be borne in mind that postings in government service, especially in specialised cadres, involve multiple administrative considerations including seniority, eligibility, organisational requirements and public interest. An interim order restraining posting of certain officers necessarily affects the chain of consideration and may have cascading consequences on the functioning of the department.”

In the present case, the Court said, CAT had already directed consideration of the Respondents' representations in the earlier proceedings. The administrative process was thus underway.

“In such circumstances, the issuance of a further restraint order affecting postings, without awaiting the outcome of the representation or a comprehensive hearing on merits, does not appear to be in consonance with the settled parameters governing judicial review in service matters.”

Accordingly, the High Court quashed the CAT's ad-interim order and clarified that the Tribunal may proceed to decide the original application on its own merits.

Appearance: Mr. Syed Abdul Haseeb, CGSC with Mr. Syed Abdur Rahman, Adv. for Petitioners; Mr. Sachin Chauhan, Adv. for Respondents

Case title: UoI v. B Srinivasa Rao & Ors.

Case no.: W.P.(C) 2019/2026

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