Is transferred authority’s transfer order lawful? CAT to Home Department

Srinagar, Oct 21: The Central Administrative Tribunal (CAT) in Srinagar has directed the Additional Secretary, Defence Labour Procurement Department (DLPD) J&K, to remain present before it on October 28, if the Home Department fails to file an affidavit indicating therein whether a transfer order of an employee issued by the Director, DLPD, after her transfer was valid in law.

A bench of M S Latif, Member (Judicial), sought the affidavit from the Home Department in response to an employee’s plea whereby she is seeking to quash an order dated 14-10-2025 issued by the Director DLPD. In the order, the employee was directed to comply with the order dated 26-09- 2025 by which she was transferred to a new place of posting.

The plea questions the legality of the orders related to the employee with the contention that the Director DLPD has been transferred to UT of Ladakh in terms of order dated 22-09-2025 issued by the Ministry of Home Affairs, Government of India.

“Once an officer, in terms of an order issued by the competent authority, stands already relieved, the order impugned, which is later in point of time, therefore, is without jurisdiction. All the orders issued by him are, thus, bad in law,” argues petitioner’s counsel, Bhat Fayaz.

The counsel drew the attention of the court on the order dated 22-09-2025, submitting that in case an officer does not comply with the order of his transfer, he shall be liable to incur consequences under Service Rules, including Disciplinary Proceedings by the concerned department. He also informed the court that a copy of the said order dated 22-09-2025 has also been endorsed to the Chief Secretary to the Government of J&K as well as to the Chief Secretary to the U T of Ladakh.

The plea underscores that the act of the officer would amount to a mockery of justice as he himself has not complied with the order of his transfer, issued by the Ministry of Home, Government of India, dated 22-09-2025. “He has no authority in law to pass any order”.

The officer is behaving like a monarch, when our country is the largest democracy of the world governed by the rule of law and law of fairness and everybody, whosoever high it is, is bound by the command of the constitution, it says.

The DAG for the respondents submitted that he brought the order of the court to the knowledge of the Additional Secretary, Home, as also to the office of the Director, Defence Labour Procurement Department, J&K and he was under instructions to seek one week’s time to file his detailed affidavit as sought for by the Court.

“I would like to observe with deep anguish that other identical matters are pending before this court, wherein similar questions of fact have been raised and on the same point of law as is urged in the case on hand,” the Judicial Member observed after hearing the parties.

The tribunal noted that in order to cut short the controversy as regards the number of cases pending before the court urging identical facts and law it was in the interest of justice to seek a short affidavit from any responsible officer of the Home Department depicting therein as to whether the order dated 22-09-2025 issued by the Ministry of Home Affairs, Government of India has been acted upon and whether any order passed by the officer thereafter is valid in law or not.

Subsequently, the tribunal directed the Secretary Home Department to file the affidavit by or before the next date of hearing of the case.

While the court listed the case for consideration on October 28 as case number1 in the cause list, it directed the counsel for respondents to convey its order to the Home J&K’s Home Secretary. The tribunal also directed its Registry to send a copy of the order to the Under Secretary to Government of India, Ministry of Home Affairs.