1 2025:CGHC:9871-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8521 of 2024 1. Comptroller And Auditor General Of India Through Additional Deputy Comptroller And Auditor General (Central Region), Pocket 9, Deen Dayal Upadhyaya Marg, New Delhi. New Delhi – 110124. 2 - Principal Accountant General (A And E), Office Of The Accountant General Chhattisgarh Zero Point, Baloda Bazar Road, P.O. Vidhan Sabha, Raipur, District Raipur Chhattisgarh. 492005 ... Petitioners versus 1. Alok Kumar S/o Late Shatrughan Mandal Aged About 43 Years Occupation - Divisional Account Officer Grade - Ii, R/o H.No. 21, Housing Board Colony, Dodka Chowk, Jashpur, District Jashpur Chhattisgarh. 2. Executive Engineer Public Works Department, Division Pathalgaron, District Jashpur Chhattisgarh. ... Respondents For Petitioners : Shri J.N. Nande, Advocate For Respondent No.1 : Shri Parasmani Shriwas, Advocate For Respondent No.2 : Ms. Priyanka Rai, Advocate {Hon’ble (Smt.) Justice Rajani Dubey & Hon’ble Shri Justice Sachin Singh Rajput} (Order in Chamber dated 27/02/2025) Per Sachin Singh Rajput,J This petitioner under Article 226 of the Constitution of India is against the interim order dated 25.10.2024 (Annexure P-1) passed by the Central Administrative Tribunal, Jabalpur, Bench at Gwalior (hereinafter referred to as the “Tribunal” for convenience) in OA 2 No. 1110 of 2024 (Gwalior) staying the order dated 09.10.2024 (Annexure P-10) issued from the office of petitioner No.2 transferring respondent No.1 from PWD (B/R) Dn. Patthalgaon to WRD Kello Project Survey Dn. Raigarh. 2. The factual matrix: The respondent No.1 allegedly being rude, quarrelsome and exhibiting an unethical mindset towards his superior officers and colleagues was put under suspension and was also dispatched to judicial custody. After the suspension being revoked by order dated 01.10.2024, he joined his duties but even thereafter several complaints regarding creation of disruptions and hurdles in the duties without any reason were received against respondent No.1 and therefore respondent No.2 requested the petitioners to transfer him to some other division. As per the CAG’s circular dated 16.08.2024 the tenure of posting should normally be treated as three years in a particular division and therefore by order dated 09.10.2024 the respondent No.1 was transferred from PWD (B/R) Dn. Patthalgaon to WRD Kello Project Survey Dn. Raigarh. This transfer was said to be in accordance with the circular dated 16.08.2024 and after due evaluation of his entire service record. Against the said transfer order, respondent No.1 filed an application before the Tribunal and by concealing the afore-stated facts, obtained the interim order stating in the application that his transfer was in the mid academic session, which is bad in the eye of law. 3. Learned counsel for the petitioners submits that learned Tribunal has committed an error of law in staying the transfer order of respondent No.1 dated 09.10.2024 relying upon the decision of the Supreme Court in the matter of Director of School Education Madras and others v. O. Karuppa Thevan dated 31.01.1994 though it has already been overruled in its subsequent decision. He submits that the transfer is an exigency of service and therefore normally the judicial interference in such matters is not permissible. It is thus submitted that the order of stay date 25.10.2024 (Annexure P-1) is liable to be set aside. 4. Learned counsel for respondent No.1 however supports the order impugned in this petition and submits that learned Tribunal has only stayed the transfer order till the academic session, 2025 and the case is directed to be listed again on 03.03.2025. He submits that the petitioners have not filed any application for vacating the interim order (Annexure P-1). It is 3 thus submitted that the interim order under challenge in this petition being passed looking to the need of the hour and that too for a limited period does not call for any interference in this petition. 5. Counsel for respondent No. 2 assisted this Court at the time of hearing this petition. 6. Heard counsel for the parties and perused the documents on record including the order impugned. 7. Learned Tribunal while granting the interim order staying the effect and operation of the transfer order dated 09.10.2024 made it effective only for a limited period i.e. till the end of academic session – (March 2025) and directed the case to be listed again on 03.03.2025. In such a situation, this Court is not inclined to interfere with the order under challenge in this petition. Accordingly, the petition being without any merit is liable to be and is hereby dismissed. Learned Tribunal is however expected to dispose of the Original Application No. 1110 of 2024 expeditiously. Sd/- Sd/- (Rajani Dubey) (Sachin Singh Rajput) Judge Judge Jyotishi AVANISH JYOTISHI Digitally signed by AVANISH JYOTISHI Date: 2025.02.28 16:36:59 +0530