Santosh Kumar Haldkar vs Union Of India & Ors.

By Mallika Arya.-

The applicant has filed the instant original application against his transfer vide order dated 09.05.2026 (Annexure A-1). The matter was taken Central Administrative Tribunal^{up on 19.06.2026 for consideration of prayer to stay the transfer of the} applicant as an interim measure and the same was rejected.

Today, the matter is taken up for hearing on MA No. 1073/2026. Referring to a communication dated 24.06.2026 (Annexure IA-2), the learned counsel for the applicant has was asked to furnish supporting documents regarding his dependent as well as caregiving responsibility, he has submitted a detailed undertaking on 24.06.2026. Thereafter, his case was considered by the Committee constituted by the respondents for examining the cases for retention/cancellation of transfer on medical grounds and the Committee has recommended his retention in Madhya Pradesh Circle (Annexure IA-3). The learned counsel for the applicant has submitted that despite the recommendation of the Committee, the respondents have rejected his representation of the applicant vide order dated 06.08.2026 (Annexure IA-4) and also issued the relieving order on 31.08.2026 (Annexure MA-1). Therefore, the learned counsel for the applicant has submitted that the respondents be directed to consider the applicant’s case in the light of the recommendation of the Committee within a time bound manner and till such time, respondents may be restrained from taking any coercive action against the applicant.

Per contra, the learned counsel appearing on behalf of the respondents has submitted that since the dependency of the father of the applicant has not been mentioned in the service record, therefore, the retention of the applicant on the ground of disability of his father is not justified. The learned counsel for the respondents has also submitted that the applicant has already been relieved vide order dated 31.08.2026.

Having heard both the learned counsel for the parties, we find it appropriate that the case of the applicant deserves consideration in the light of the recommendation of the Committee which has recommended the applicant for retention in M.P. Circle till 31.03.2027 in view of his medical exigencies. Therefore, we direct the applicant to file a fresh comprehensive representation within a period of two weeks from the date of receipt of certified copy of this order. If the applicant files the representation within stipulated period, the respondents shall consider the same in the light of recommendation of the Committee and pass a reasoned order within two weeks thereafter. A copy of the reasoned and speaking order shall be communicated to the applicant.

Till the representation of the applicant is decided, the respondents shall maintain status quo qua the applicant and restrained from taking any coercive action against him.

With the above direction, MA No. 1073/2026 is allowed. Further, the OA No. 531/2026 is disposed of on the above terms.

There shall be no order as to costs.