Arun Kumar Bakshi v. Union Of India And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WP.CT/46/2025 Arun Kumar Bakshi Vs.

Union of India and others Mr. Gopala Binnu Kumar Ms. Vinita Devi ... for the petitioner Mr. Rakesh Kumar ... for the respondents October 31, 2025 [SR] Item No.6 The order impugned dated October 14, 2025 passed by the Central Administrative Tribunal, Kolkata, Circuit Bench at Port Blair in OA/351/1516/2025 has been impugned. Insofar as, the grant of stay of the transfer order is concerned the respondents have not challenged the same. The matter was disposed of, relegating the same for a decision by the respondents. The Tribunal was satisfied that the transfer order should be stayed for the time being.

The Tribunal was within its jurisdiction to ask the respondents to take a decision and understand how the respondents would interpret their own transfer policy. However, disposal of the application is prejudicial. If the decision goes against the petitioner, the petitioner will be forced to re-agitate the same point once again before the learned Tribunal by filing a further application. It will put unnecessary pressure on the resources of the petitioner.

In the original application, the petitioner alleged violation of the transfer policy with instances and reasons. The Tribunal found that the petitioner had established a prima facie case. The Tribunal rightly directed the respondents to consider the issues and pass a reasoned order.

The reasoned order that the authority shall pass, shall be treated as an affidavit-in-opposition of the authorities to the Original Application, in the event the decision goes against the petitioner. The petitioner then, will be at liberty to file a reply to the same and the matter shall be heard and disposed of finally by the learned Tribunal. The order impugned is modified to the extent that the OA/351/1516/2025 shall not stand disposed of and shall be heard on merits after the decision of the authorities is taken and filed before the learned Tribunal. The interim order will continue till the matter is taken up by the learned Tribunal on the basis of this order and after the reasoned order is passed by the authorities. If the authorities pass a decision in favour of the petitioner, the Tribunal shall record the same and dispose of the Original Application. The writ petition is disposed of accordingly. ( Shampa Sarkar, J. ) ( Ananya Bandyopadhyay, J. )