Delhi High Court Questions West Bengal's Approach Of Refusing Inter-Cadre Transfer To All India Services Officers Without Placing Relevant Material On Record
The Delhi High Court has questioned State of West Bengal's approach of refusing inter cadre transfer requests of All India Services officers without placing relevant material on record."We are noticing that, this approach has been taken, in matter after matter, by the petitioner where officer(s) have sought inter-cadre transfer to other State(s) on account of their marriage, and which has...
The Delhi High Court has questioned State of West Bengal's approach of refusing inter cadre transfer requests of All India Services officers without placing relevant material on record.
"We are noticing that, this approach has been taken, in matter after matter, by the petitioner where officer(s) have sought inter-cadre transfer to other State(s) on account of their marriage, and which has been refused on a similar ground," Justice Rajiv Shakdher and Justice Talwant Singh said.
It added:
"Unless the reasons set out in the order of refusal for inter-cadre transfer are backed by relevant material, it cannot pass muster of this Court."
The Court dismissed a petition filed by State of West Bengal challenging an order passed by Central Administrative Tribunal (CAT) which had directed to relive an Indian Administrative Service (IAS) officer belonging to West Bengal cadre.
The officer had, in the year 2016, sought inter cadre transfer for the reason that her spouse, an Indian Forest Service (IFS) officer of 2012 batch, was posted in Uttarakhand cadre.
State of West Bengal had rejected her request on 30th November, 2016 on account of shortage of officers.
The CAT had, while setting aside West Bengal's order rejecting her request, granted it six weeks time for passing necessary orders in this regard. It also clarified that if she is not relieved by that time, she shall be deemed to have been relieved on expiry of six weeks.
After considering the impugned CAT order, the High Court upheld the same by taking a view that the order needs no interference.
"There is no dispute that, respondent no.1 was entitled to seek inter-cadre transfer, in terms of Rule 5(2) of the Indian Administrative Services (Cadre) Rules, 1954," the Court said.
It added:
"We may note that, the petitioner has trotted out, shortage of officers, as the reason, for rejecting the request of respondent no.1 qua inter-cadre transfer, without placing the relevant material on record."
Accordingly, the petition was dismissed.
Title: STATE OF WEST BENGAL v. REENA JOSHI & ANR.