Ahmedabad CAT sets aside Excise & Customs, Vadodara Zone, Transfer Policy; 1200 officers may be impacted
By TIOL News Service
AHMEDABAD, MAR 14, 2017: THE dominant principle which courts have been following in matters of transfer and posting is that these are administrative issues and courts need not interfere with the same. However, after the Apex Court decision in the case of TSR Subramanian, the Administrative Tribunal Benches have changed their approach. And in a major development the Ahmedabad Bench of the Tribunal has quashed the transfer order of two officers issued by the Chief Commissioner's Office, Vadodara Zone.
The fact that the Tribunal has not found the Transfer Policy being implemented in the Vadodara Zone as consistent with the Supreme Court's recent decision, the Tribunal has quashed the Transfer Policy as well since it found that it violated certain established principles of natural justice and was deficient in many manners.
The CAT found that the transfer orders of the two applicants ignored not only the cluster seniority parameter but also did not constitute committees required to implement the policy as per the settled administrative laws.
Officers in the Zone say that since the Transfer Policy itselft has been set aside it may impact as many as 1200 officers who have been transferred in the recent months.
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