IAS officer Kashish Mittal has withdrawn the petition challenging his transfer from Chandigarh.
A day after a strong reply was filed by the Union ministry of home affairs (MHA) against the his petition on March 29, Mittal submitted saying, “Applicant does not want to proceed with the matter and the same may kindly be dismissed as withdrawn”.
MHA had said has contended that transfer of the 2011 batch IAS officer Kashish Mittal from UT was as per guidelines and also questioned the locus standi of the petition filed in the Central Administrative Tribunal (CAT) against the order.
The ministry had further said that the petition raised doubts over the purported vested interests that the applicant might have developed in Chandigarh.
Mittal was among the four Arunachal Pradesh-Goa-Mizoram-Union Territories (AGMUT) cadre officers transferred from Chandigarh last month and had filed a petition in CAT challenging his transfer.
Dilip Kumar, under secretary, MHA, contended that the petitioner had no locus standi to dictate as to how and where he has to be posted by the authorities. Moreover, it was averred that neither any statutory rule was violated nor any service condition of the applicant was affected.
It was stated that the efforts of applicant to remain in Chandigarh gives rise to the suspicion that he had developed vested interests in Chandigarh.
MHA said: “Mittal was sent to Chandigarh for his district training following orders dated May 17, 2012. On completion of his district training, he was transferred to Mizoram following an order dated June 27, 2013. The officer has represented for changing of transfer order from Mizoram to Chandigarh on personal grounds. Accordingly, he was posted in Chandigarh on August 27, 2013. His total tenure in Chandigarh is more than three years, including his probation period. Therefore, he is due for transfer to another segment.”
Kumar, in the reply, further stated that there is a general tendency among certain officers to avoid postings in hard areas.
“As per the transfer guidelines, an officer has to serve about eight years in a hard area and soft area and remaining six years in Delhi/Chandigarh before reaching super time scale, which includes central deputation or any other deputation in Delhi. It is the fact that the officer has already served in Chandigarh for about two years and six months,” the reply stated. It was also claimed that the officer’s transfer was in public interest.
Mittal, who was holding the posts of additional deputy commissioner, director, hospitality, additional excise and taxation commissioner, in-charge of registering and licensing authority, secretary of the state transport authority and joint electoral officer, had accused the UT administration and the MHA of not following a proper transfer procedure.
Mittal, whose tenure was to end in September this year, was transferred to Arunachal Pradesh in March.