After they were issued the transfer order, the MHA sent a reminder in February this year. The Union Home Ministry issued an order to six DANICS officers in Delhi to join work in Lakshadweep or face disciplinary action. The officers had been transferred to the Union Territory from Delhi last November, but had moved the Central Administrative Tribunal (CAT) against it.
On May 20, the CAT said it had found “no merit” in their applications to stay their transfers. It noted that while a reason for transferring officials was not necessary, the Additional Solicitor General had informed the Tribunal that the transfer order was issued in exigencies of service/public interest. The MHA order followed the CAT order on the same date.
Issued to Sandeep Kumar Mishra, Sravan Bagaria, Shailendra Singh Parihar, Singare Ramchan-dra Mahadev, Nitin Kumar Jindal and Rakesh Kumar, the notice said, “The aforesaid officers are directed to immediately report to the UT of Lakshadweep and forward a copy of their joining report in Lakshadweep Administration, failing which disciplinary action as per rules will be initiated without any further reference.”
After they were issued the transfer order, the MHA sent a reminder in February this year.
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In its order, the Tribunal said, “It is the settled proposition of law that a government servant cannot disobey the transfer order by not reporting at place of posting and then go to court to ventilate his grievances. It is his duty to first report for work where he is transferred and to make a representation subsequently as to what may be his personal problems, which has admittedly not been done in the instant case. Moreover, no government servant has any legal right to be posted at any particular place since transfer of a particular employee appointed to the class or category of transferable posts from one place to another is not only incident but a condition of service, necessary too in public interest and efficiency in the public administration.”
The officers in Delhi, Andaman and Nicobar Island Civil Service (DANICS) form part of the administration in UTs of Delhi, Andaman and Nicobar, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli.
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