Early Times Report
JAMMU, Aug 23: The Central Administrative Tribunal (CAT), Srinagar Bench, has set aside the transfer order of Shri Javaid Ahmed Lone, Patwari Halqa Lasjan, which had been issued by the office of the Divisional Commissioner, Kashmir, on 12 August 2025.
The matter was heard by M.S. Latif, Member (Judicial). The applicant, represented by Senior Advocate Z.A. Qureshi with Ms. Rehana Fayaz, contended that the transfer was punitive in nature. The respondents, represented by Mr. Rais-ud-din Ganaie, Deputy Advocate General, argued that the transfer was necessitated by administrative exigency.
The Tribunal observed that while transfer is ordinarily an incident of service, the impugned order was passed on the basis of an adverse communication from the Sub-Divisional Magistrate (East), Srinagar, and therefore amounted to punishment in the guise of transfer. Such an order, the Bench held, cannot withstand legal scrutiny.
Accordingly, the order was quashed. The respondents have been directed to issue a fresh order, strictly in accordance with law and administrative requirements, within ten days. The Tribunal further directed that the applicant's present posting shall not be disturbed in the interim. It was clarified that this decision will not affect any enquiry pending or to be initiated against the applicant. (JNF) |
