Smti. Nasim Banu v. Union Of India And ORS.
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION [CIRCUIT BENCH AT PORT BLAIR] PRESENT: THE HON'BLE JUSTICE DEBANGSU BASAK AND THE HON'BLE JUSTICE AJAY KUMAR GUPTA WPCT/13/2026 SMT NASIM BANU ... PETITIONERS VS.
UNION OF INDIA AND OTHERS ... RESPONDENTS For the petitioners :
Mr. Gopala Binnu Kumar For the respondents :
Mr. Rakesh Kumar Heard on :
February 16, 2026 Delivered on :
February 16, 2026 DEBANGSU BASAK, J.
1.
The writ petition is at the behest of the original applicant before the Central Administrative Tribunal, Kolkata Bench, Circuit Bench at Port Blair. The writ petition is directed against the order dated November 06, 2025 passed in OA/1581/2025.
2.
Writ petitioner assailed an order of transfer before the learned Tribunal. In such Original Application, the writ petitioner sought interim relief.
3.
The interim relief sought for by the writ petitioner is as follows:- "9. Interim order if any prayed for:
Pending final disposal of the application, the applicant seeks the following interim relief. An interim order be passed directing the respondent authorities, more particularly the respondent No.4 to allow the applicant to discharge her duties and responsibilities as Agriculture Field Assistant in any Office/Depot at Sri Vijaya Puram, South Andaman District under the respondent No.4 till disposal of the instant original application to enable the applicant to have her treatment at Sri Vijaya Puram and to attend the disciplinary proceeding."
4.
Learned Tribunal passed the following order:- "Ld. Counsel for both sides are present and heard The instant application has been filed challenging the transfer order dated 01.08.2025. Ld. Counsel for the applicant has submitted that though the applicant has challenged the
Transfer Order, she had already joined the place of posting without prejudice. Thereafter. she fell ill and she is now at Port Blair on medical leave. Therefore. she has prayed that no coercive action be taken during the pendency of the O.A.
Admit.
Respondents are directed to file their reply within 04 weeks. Rejoinder, if any, to be filed within 02 weeks thereafter.
It is noted that since the applicant has already joined the transferred post without prejudice.
therefore, we direct the respondents not to take any adverse action till the final disposal of the O.A. List the matter before the Registrar's Court for completion of pleadings on 06.01.2026"
5.
Learned advocate appearing for the writ petitioner submits that, the writ petitioner is suffering from a medical condition. The transfer of the writ petitioner was actuated by malice. The transfer order was mala fide. The writ petitioner is being subjected to report to a person against whom the writ petitioner complained.
6.
Respondents are represented.
7.
We find from the record that the writ petitioner was transferred to the present posting by an office order. We also find that the writ petitioner joined at the new post. 8.
The legality, validity and sufficiency of the order of posting is subject matter of challenge. Such issue may be decided upon final hearing by the learned Tribunal. 9.
We make no comments with regard thereto.
10. We also find from the order impugned that, the writ petitioner before us is adequately protected. Tribunal directed no coercive measure to be taken against the writ petitioner.
11. So far as medical condition and the issue of mala fide with regard to the transfer order is concerned, we keep the same open for the decision by the Tribunal.
12. We are invited by the petitioner to issue a mandatory order upon the Tribunal for expeditious disposal of the Original Application.
13. We request the learned Tribunal to dispose of the original application as expeditiously as possible without affording unnecessary adjournments to any of the parties.
14. WP.CT/13/2026 is disposed of without any order as to costs.
(Debangsu Basak, J.)
15. I agree.
(Ajay Kumar Gupta, J.)