Zakir Hossain Mondal v. Union Of India And ORS.

Ct. No.4 D/L 19.09.2025 (Naba) 03 W.P.C.T. 199 of 2025 Zakir Hossain Mondal Vs.

Union of India & Ors.

Mr. Tulshidas Maity, Mr. M.A. Sardar, Mr. S Haque ...for the Petitioner 1.

Heard the learned counsel for the writ petitioner. 2.

The writ petitioner was transferred from the Kolkata Book Depot to Sale-II, Department of Publication, Delhi by an order dated 13.04.2022. The petitioner made a representation in response to the order of transfer requesting that there was inconvenience in complying with the transfer and that he may be granted a year's time for complying with the transfer order.

The representation was made on 18.04.2022 which was rejected. The petitioner, however, approached the Central Administrative Tribunal, Kolkata Bench ('Tribunal' for short) asserting in his O.A. that the transfer order was discriminatory. The authorities filed their reply. After the reply was filed by way of a rejoinder, the petitioner has tried to introduce a new plea of the order being passed by an incompetent authority.

3.

The Tribunal has considered the case and rejected the O.A. by following the settled proposition of law that the transfer was effected in the interest of

administration of justice and required no interference. The petitioner had continued at the present place of posting for eight years at the time when the transfer order was issued. Three years thereafter has lapsed which means that by now he has continued in the same post for about eleven years. The submission raised by way of a new plea in the rejoinder has rightly not been taken into consideration by the Tribunal, since the respondents had no opportunity to meet the issue raised by way of a rejoinder.

4.

The issue has also not been substantiated before us.

5.

We do not find any reason to interfere with the order dated 26.08.2025 passed by the Central Administrative Tribunal, Kolkata Bench in O.A. 946 of 2022 with M.A. 401 of 2022 with M.A. 388 of 2024.

6.

The Writ Petition being W.P.C.T. No. 199 of 2025 is disposed of.

7.

There will be no order as to costs.

8.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Madhuresh Prasad, J.) (Supratim Bhattacharya, J.)