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Judgment
Heard learned Senior Counsel for the applicant. On receiving advance copy of the O.A., Sh. Sanjay Goyal, learned Sr. CGSC has put in appearance on behalf of the respondents.
The present original application has been filed by the applicant against the impugned order dated 14.08.2026 (Annexure A-1), whereby the applicant has been transferred from 36 FAD Pin 900484 C/o 56 APO (Bathinda) to 3 Inf DOU Pin – 909003 C/o 56 APO (Leh) in violation of their own transfer policy dated 10.02.2025. It is submitted that transfer and posting of the employees including LHF is governed by the policy dated 10.02.2025 (Annexure A-2) issued by Respondent No. 2. Being aggrieved by the impugned order, the applicant has preferred representation dated 22.08.2026 (Annexure A-4) and till date, the same has not been decided. Learned Senior Counsel for the applicant submits that the applicant has not been relieved.
At this stage, learned Senior Counsel for the applicant submitted that the applicant would be satisfied if a direction is given to the Competent Authority amongst the respondents to consider and decide the applicant’s representation dated 22.08.2026 (Annexure A-4), within a time bound manner. He is of the view that principles of natural justice would be met if the representation of the applicant is decided by the respondents.
Learned counsel for respondents submitted that they have no objection if the OA is disposed of in the manner suggested by learned Senior Counsel for the applicant.
This Tribunal has considered the matter and is of the view that natural justice will be met if the Competent Authority amongst the respondents is directed to decide the applicant’s representation dated 22.08.2026 (Annexure A-4), in a time bound manner.
Resultantly, the Competent Authority amongst the respondents is directed to decide the representation dated 22.08.2026 (Annexure A-4) preferred by the applicant by passing a reasoned and speaking order and shall also dealt with contentions raised in the representation, within a period of four weeks from the date of receipt of certified copy of this Order. In the meantime, the applicant shall not be relieved.
With these observations, the O.A. is disposed of at the admission stage itself.
The applicant is directed to make available a copy of this order along with the O.A. to the competent authority.
Needless to mention, this Tribunal has not touched the merits of the case.
No order as to costs.