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Judgment
Per : Hon’ble Shri Jayesh V. Bhairavia, Member (Judicial)
Advocate Mr. Joy Mathew for the applicant present in Court room and Advocate Mr. H.D Shukla for the respondents present through video conference.
The applicant while working as Postal Assistant had submitted application for transfer to Chandigarh Division in terms of policy in vogue and the said transfer request was accepted by both the Mehsana Division (Gujarat Circle) and Punjab Circle. However, the applicant was not relieved by the respondents mainly on the ground that disciplinary proceeding and judicial proceeding is pending against the applicant. Being aggrieved, the applicant has filed the present OA.
Learned counsel for the applicant vehemently argued as under:
That the solely based on the CFSL hand writing expert opinion, the respondents had issued charge memorandum for initiation of departmental inquiry against the applicant. Being aggrieved with it, the applicant had challenged the legality of the said charge memorandum before this Tribunal by way of filing O.A. No.438/2022 and this Tribunal vide order dated 31.01.2025 allowed the said OA by setting aside the impugned charge memorandum.
After the order passed by this Tribunal in O.A. No. 438/2022, the applicant submitted representation on 21.05.2025 and 01.07.2025 before the Competent Authority requesting that he may be relieved to join at the transferred place.
Thereafter, the original respondents being aggrieved with the order dated 31.01.2025 in O.A. No. 438/2022 approached the Hon’ble High Court of Gujarat by way of SCA No. 5166/2026. The said SCA came to be dismissed by the Hon’ble High Court of Gujarat vide judgment dated 08.06.2026 wherein it has been observed by the Hon’ble High Court that it is not in dispute that the issue raised in this SCA was the subject matter before this Court in SCA No. 180023/2023 which was dismissed by this Court and also confirmed by the Hon’ble Supreme Court in SLP No. 16083/2025.
Therefore, learned counsel for the applicant submits that the order passed by this Tribunal in O.A. No. 438/2025 dated 31.01.2025 has attained finality.
Further, learned counsel for the applicant argued that identical O.A. bearing OA No. 68/2025 (Mohar Singh Lamba Vs. Union of India & Ors.) was disposed of by this Tribunal vide order dated 06.08.2025 by taking into consideration, the common judgment passed by this Tribunal in O.A. No. 398/2022 dated 04.05.2023 which has been confirmed by the Hon’ble High Court of Gujarat vide common judgment dated 05.08.2024 in SCA No. 20497/2023 and connected SCAs and also confirmed by the Hon’ble Supreme Court in SLP Diary No. 29235/2025 dated 24.06.2025.
Therefore, it is evident that there is neither judicial nor any disciplinary proceeding is pending against the applicant.
In view of the aforesaid, learned counsel for the applicant vehemently argued that for no reason whatsoever, the respondents have withheld the implementation of the own request transfer order of the applicant and as on date the applicant is not relieved.
On receipt of the notice issued by this Tribunal vide order dated 16.02.2026, Advocate Mr. H.D. Shukla appeared for the respondents and mainly argued as under:-
That no continuing enforceable right arises merely from approval of transfer because actual relief remains subject to the governing conditions and competent administrative decision
Heard learned counsel for the parties and perused the material available on record.
It can be seen that this Tribunal vide order dated 31.01.2025 in O.A. No. 438/2022 had quashed and set aside the charge memorandum issued to the applicant and the said order as such attained finality on dismissal of SCA No. 5166/2026 by the Hon’ble High Court vide order dated 08.06.2026.
Thus, we find substantial force in the submission of counsel for the applicant that neither any disciplinary proceeding nor any judicial proceeding is pending against the applicant and the respondents, may not withheld or delay the implementation of the transfer order which was issued in favour of the applicant and as such the applicant may be relieved.
Thus, we deem it appropriate to dispose of this OA, with direction upon the respondents to relieve the applicant in terms of the transfer order dated 28.09.2025 (Annexure A/7) within four weeks from the date of receipt of the certified copy of this order. Pending MAs, if any, shall also stands disposed of. No o rder as to costs.