Satendra Singh vs Union Of India & Ors.

Delivered by Hon’ble Mr. Rajnish Kumar Rai, Judicial Member

This O.A. has been filed by the applicant challenging the order dated 31/10/2023 vide which the respondent No. 4 has cancelled the NOC, which was issued by the competent authority for transferring the applicant from one region to another region on loan basis for a period of 03 years. The applicant has filed this O.A. seeking the reliefs, which are quoted herein below: -

The facts of the case, as per pleadings in the O.A., are that the applicant was initially appointed on 17.07.1995 to the post of Lower Division Clerk through Staff Selection Commission in the Ministry of Water Resources, New Delhi. Subsequently, the applicant was appointed as Tax Assistant in the Income Tax Department, Mainpuri on 02.11.2007 and posted in the same capacity at Kanpur and he was further promoted to the post of Income Tax Inspector on 08.03.2019. It is further pleaded that the Ministry of Finance issued Circular dated 22.12.2020, which provides transfer of an employee on ‘loan basis’ for a maximum period of three years and further extension will be for a period of two years on the basis of request made by the employee in continuation if, it is found genuine. In pursuance thereto, the applicant has moved applications dated 20.09.2021 and 22.04.2022 with requisite affidavits and medical certificates of his wife before the respondent No. 2, in the light of Circular dated 11.12.2020, seeking transfer and posting at Allahabad on loan basis for a period of three years. The said request was duly forwarded by letter dated 29.07.2022 to the Principal Chief Commissioner, Income Tax/ respondent No. 2, who has approved the transfer and posting on loan basis for a period of three years. Subsequently, the respondent No. 4 vide its letter dated 13.06.2023 had issued ‘no objection certificate’ to transfer the applicant from one region to another i.e. from U.P. West to U.P. East at Allahabad on loan basis. Thereafter, a request was made by the applicant vide letter dated 24.07.2023 for posting him at Prayagraj. However, the respondent No. 3 vide letter dated 24.08.2023 transferred the applicant Kanpur to Basti instead of posting at Allahabad/Prayagraj, with ulterior motive, as the transfer request of applicant from U.P. West to U.P. East was sought on personal circumstances and family problem. Thereafter, an application was made by the applicant for posting him at Prayagraj/Allahabad in U.P. East region of Income Tax department. Counsel for the applicant submitted that after this request was made, the respondents vide impugned order dated 31.10.2023 has cancelled the ‘no objection certificate’ dated 13.06.2023 for inter region transfer on the ground that the applicant did not join at transfer place i.e. Basti and subsequently vide order dated 20.11.2023, the applicant was relieved and repatriated with immediate effect from U.P. East. However, after a request was made vide letter dated 20.11.2023 for cancellation of relieving order, the respondents vide office order dated 13.02.2024 has cancelled the said order and posted the applicant in Kanpur and applicant has been working at Kanpur since 15.02.2024. Counsel for the applicant submitted that the aforesaid inter regional transfer order cannot be cancelled vide impugned order as the same was issued in concurrence with Ministry of Finance policy decision dated 22.12.2020 and once he has been transferred another region for a period of three years, on loan basis, the said ‘no objection certificate’ cannot be cancelled prior to period of three years. He further submitted that the applicant is interested for posting at Allahabad or nearest place to Allahabad/Prayagraj at Kaushambi or at Fatehpur looking into the family circumstances at Prayagraj, therefore, he has sought quashing of no objection refusal order dated 31.10.2023 and posting at Allahabad or nearby place.

The respondents have filed the counter affidavit wherein they have stated that the transfer and posting was made in pursuance to Principal Chief Commissioner of Income Tax, U.P. East, Lucknow vide order dated 24.08.2023 at Basti on the verbal request of applicant that his representation is pending before the Chief Commissioner of Income Tax, Lucknow for posting at Allahabad/Prayagraj, he was allowed to work there. They further pleaded that as per Ministry of Finance Circular, issued by the CBDT on 22.12.2020, the transfer on loan basis is to be considered region wise and not station wise. Therefore, his request for inter region transfer from U.P. West to U.P. East, on loan basis, was accorded in accordance with the circular dated 22.12.2020 and forwarded for his posting at U.P. East region and on account of non-joining at Basti, impugned order dated 31.10.2023 was passed. Counsel for the respondents submitted that the applicant has no vested right to be posted at Allahabad/Prayagraj.

Heard, counsel for the parties and perused the pleading available on record.

Considering the submission of counsel for the parties and looking into the fact that the applicant requested for inter regional transfer from U.P. West (Uttrakhand) has been accepted on loan basis for a period of three years vide order dated 13.06.2023. Moreover, the applicant has been working in Kanpur since 15.02.2024 hence, in such a situation, there is no meaning of impugned order dated 31.10.2023 as applicant is still working at Kanpur in U.P. (East) region. Therefore, impugned order dated 31.10.2023 is quashed. Moreover, the applicant’s inter regional transfer for a period of three years is going to be completed shortly and O.A. is pending since 2024, in such a situation, I am in opinion to direct the applicant to move a fresh comprehensive representation/application before the competent authority amongst the respondents ventilating his grievance with regard to further extension on loan basis if, personal problem/illness in the family still exists within a period of three weeks from the receipt of a certified copy of this Order, and thereafter competent authority amongst the respondents has to consider his extension for inter regional transfer and his posting at Prayagraj or nearest place at Kaushambi/Fatehpur by passing a reasoned and speaking order in accordance with law within a period of one month from the date of receipt of fresh representation along with a certified copy of this Order. With the above directions, O.A. stands disposed of. All the pending MAs shall be deemed to have been disposed of. No order as to costs.