The Union ministry of home affairs (MHA) has contended that the transfer of IAS officer Kashish Mittal from UT is as per guidelines and also questioned the locus standi of the petition filed in the Central Administrative Tribunal (CAT) against the order.
The MHA submitted its reply to a petition filed by Mittal, a 2011-batch IAS officer, against his transfer orders. It raised doubts over the purported vested interests that the applicant may 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.
Senior panel counsel from Government of India Arvind Moudgil said the tribunal had not granted a stay on Mittal’s transfer.
Meanwhile, under secretary, MHA, Dilip Kumar contended that the petitioner has no locus standi to dictate as to how and where he has to be posted by the competent authorities. Moreover, it was averred that neither any statutory rule was violated nor any service condition of the applicant was affected.
“The joint cadre authority (JCA) is competent to post officers of the AGMUT cadre, among all nine segments (three states and six UTs), as per the transfer policy guidelines. It is the discretionary power of the JCA and the same has been exercised,” read the reply.
It has been stated that the efforts of applicant to remain in Chandigarh gives rise to the suspicion that he has developed vested interests in Chandigarh.
In reply, it was averred: “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 other
In his reply, Kumar said there was a general tendency among certain officers to avoid postings in hard areas, but for the efficient management of AGMUT cadre and to provide sufficient number of officers in outlying segments, the transfer policy guidelines need to be implemented.
“As per the transfer guidelines, an officer has to serve about eight years in a hard area and soft area and remaining about 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,” added the reply. 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, has accused the UT administration and the Union ministry of home affairs of not following a proper transfer procedure.
Mittal, whose tenure was to end in September this year, was transferred to Arunachal Pradesh in March.