Transfer on alleged malafides | CAT issues notice for response

Srinagar, May 23:   The Central Administrative Tribunal (CAT) in Srinagar has sought authorities’ response on an employee’s plea alleging malafides in his transfer in the Health Department.

In his plea, one Javaid Ahmad Malik has alleged that he was transferred on malafides from Controller of Stores, Srinagar to Drug Wear House, Anantnag with immediate effect.

A bench of M S Latif, Member (J), and Prashant Kumar Member (A) issued notice to the respondents (authorities) which was accepted by DAG Bikram Deep Singh who was granted one week to file his detailed reply.

Malik submitted that his transfer order was an outcome of malice and the order amounted to punishment.

The court also asked its Registry to issue a separate notice to the Director Health Services, Kashmir.

The court observed that the transfer being exigency of service could be effected by the employer concerned by its administrative exigency, in the interest of administration and public interest.

“At any point of time that cannot be monitored and guided by this court unless it is shown that the transfer order is vitiated on account of contravention of the statute or lacks jurisdiction or malafides,” the court said.

It issued notice to the authorities with the observation that in the instant case, the applicant (Malik) has alleged malafides against Rather, Director Health Services, Kashmir, that his transfer order was an outcome of some grudge.