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Judgment
JUSTICE RITU TAGORE, MEMBER [JUDL.]
The case of the applicant, as projected in the O.A., is that the applicant is aggrieved of Order No. 35 of 2025-26 dated 08.01.2026, issued by respondent No. 04 arbitrarily and with mala fide intentions, whereby he has been re-transferred from B.O. Botapathri, Block Tangmarg, Range of Special Forest Division Tangmarg, to S-25, S-26 and S-27 of Shunglipora. It is submitted that the aforesaid acts of omission and commission on the part of the respondents have jeopardized the statutory, legal and fundamental rights of the applicant, as guaranteed under the Constitution of India.
It is further submitted that the applicant was posted as I/C Beat Guard, Bedarkote, and respondent No. 04 issued Order No. 05 of 2025-26 dated 30.04.2025, whereby the employees of the respondent Department were transferred in accordance with the transfer policy of the concerned Department. The applicant was also included in the said transfer order and figured at S. No. 03 of the transfer list, whereby he was transferred from Khaipora Beat to I/C Beat Guard, Bedarkote.
It is also stated in O.A. that, instead of considering and deciding the representation submitted by the applicant, the respondents, acting according to their own will and caprice, transferred the applicant twice within a month by issuing the impugned order. According to the applicant, such action on the part of the respondents amounts to sheer injustice and is patently arbitrary and mala fide.
Therefore, the applicant submits that the impugned action of the respondents is unreasonable, unjustified and unsustainable in the eyes of law, particularly when the applicant had already been transferred pursuant to the earlier transfer order dated 30.04.2025. It is, as such, contended that the impugned order has been issued in violation of the applicable transfer policy and the rights claimed by the applicant.
Through the medium of the instant O.A. the applicant seeks for the following reliefs-
a)That the instant application be allowed and upon the grounds and averments stated herein above the impugned order No. 35 of 2025-26 dated 08-01-2026 issued by the respondent No. 04 arbitrarily and with malafide intentions, whereby the applicant has been re-transferred from B.O Botapathri Block Tangmarg Range of Special Forest Division Tangmarg, to S-25,S-26 & S-27 of Shunglipora, be quashed with a further direction to release the salary of the applicant in his favour, which has been withheld by the respondent department during the period of suspension i;e from 06-09-2025 to 04-12-2025, the same would be in consonance with law and justice.
b)Any other order or direction be passed in favour of the applicants and against the respondents, which this Hon'ble Tribunal may deem fit and proper in the given circumstances of the case, the same would be in the interests of justice, the applicants are duty bound shall ever pray.
Learned counsel for the applicant, on instructions from the applicant, submits that the applicant is still performing his duties at Botapathri Beat. He further submits that the applicant would be satisfied if the present O.A. is treated as his representation and the grievances raised therein are addressed by the respondents in a time-bound manner.
On the other hand, learned counsel for the respondents, Mr. Furkan Yakub Sofi, submits that, without prejudice to the rights and contentions of the respondents, and particularly having regard to the fact that the applicant is still continuing at Botapathri Beat, the matter may be disposed of with appropriate direction to the respondents to consider and decide the O.A. by treating has his representation within a time bound manner.
The statement of the learned counsel for the applicant that the applicant is still continuing at Botapathri Beat, is taken on record.
Learned counsel for the parties are ad idem that the present O.A. may be disposed of at this stage by treating the same as a representation.
In view of the foregoing facts and circumstances, I am of the considered view that no useful purpose would be served by keeping the matter pending before this Tribunal.
Accordingly, without expressing any opinion on the merits of the case, the present O.A. is disposed of with a direction to the respondents to treat the same as a representation and accord due consideration to the averments made therein, subject to the applicant is continuing at Botapathri Beat, and in accordance with the applicable rules and regulations, and the law holding the field and subject to his entitlement and eligibility of the applicant. Further, there being no legal or administrative impediment. The respondents shall also take into consideration the documents annexed with the O.A. while according such consideration.
The aforesaid exercise shall be completed within a period of three weeks from the date of receipt of a copy of this order, by passing a comprehensive, reasoned, speaking and detailed order.
However, it is clarified that this Tribunal has not expressed any opinion on the merits of the claims or contentions raised by either side. All questions of fact and law are left open to be considered by the competent authority in accordance with law.
Accordingly, O.A. No. 39/2026 is disposed of along with the connected M.As., if any, parties are to bear their own costs.
Consign the file to the Record Room, after due compliance.