Patna High Court
IndiaversusNiraj Kumar
- Decided
- Disposal
- DISPOSED
Holding
The High Court modified the CAT order, directing the respondent to join the Bagdogra posting and perform audit duties only at Bagdogra, Bhuttabari, Sukna and Kurseong.
Summary
The petitioners, representing the Union of India and various defence accounting offices, challenged a CAT order that quashed the transfer of Assistant Accounts Officer Niraj Kumar from Siliguri to Bagdogra. The respondent argued that the transfer, though only ten kilometres, would require him to travel to distant audit locations, adversely affecting care of his minor son. The High Court examined whether the transfer violated service rules or natural justice and considered the feasibility of limiting his duties to nearby locations. After reviewing a chart of audit sites, the Court found that the respondent could perform his duties at Bagdogra, Bhuttabari, Sukna and Kurseong without undue hardship. Consequently, the Court modified the CAT judgment, directing the respondent to join the Bagdogra posting and restrict his audit work to the specified sites, and disposed of the writ petition.
Issues considered
- Whether the transfer of the respondent from Siliguri to Bagdogra violates service rules or principles of natural justice.
- Whether the respondent's family considerations justify limiting his duty locations.
- Whether the CAT order quashing the transfer should be modified to allow the transfer with restricted duties.
Subjects
- transfer
- service law
- defence accounts
- audit officer
- natural justice
- family considerations
- modification of order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 15932 of 2025
======================================================
1. The Union of India through the Secretary, Government of India, Ministry of
Defence, New Delhi 110001.
2. The Controller General of Defence Accounts, Ulan Batar Marg, Palam,
Delhi Cantt. 110010.
3. The Controller of Defence Accounts (Patna), Rajendra Path, Patna, 800019.
4. The Sr. Accounts Officer (AN), Office of the Controller of Defence
Accounts (Patna) 800019.
5. The Area Accounts Office, Head the Additional Controller of Defence
Accounts (Addi CDA), Area Accounts Office, Siliguri, 734001.
6. The Principal Controller of Defence Accounts (Air Force) 107, Rajpur Road,
Dehradun- 248001.
7. The Sr. Accounts Officer (Administration), Office of the Principal Controller
of Defence Accounts (Air Force), Dehradun- 248001.
... ... Petitioner/s
Versus
Niraj Kumar, Male, S/o Sri Kumar Lal Bahadur Singh, Resident of Vill. and
P.O.- Kajhi Hirdenagar, P.S.- Banmankhi, District- Purnea, (Bihar), 854202,
At present under orders of Transfer from the Assistant Accounts Office
(AAO), Siliguri (Under CDA Patna) to the post of Local Audit Office (Air
Force) at Bagdogra (Under Principal Controller of Defence Accounts (Air
Force), Dehradun.
... ... Respondent/s
======================================================
Appearance:
For the Petitioner/s : Mr. Kumar Priyaranjan, Sr. CGC
Mr. Ram Tujabh Singh, CGC
For the Respondent/s : Mr. Jayant Kumar Karn, Advocate
Mr. Jay Karn, Advocate
Mr. Sujeet Kr. Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE RAJ KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
Date: 15-06-2026
The present writ petition has been filed by the petitioners
against the judgement dated 29.05.2025 passed by the learned
Patna High Court CWJC No.15932 of 2025 dt.15-06-2026
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Central Administrative Tribunal, Patna Bench, Patna (hereinafter
referred to as the ‘Ld. CAT’) in O.A. No.050/00999/2024 whereby
and whereunder the original application filed by the sole
respondent has been allowed and the order of transfer dated
25.11.2024, issued under the pen and signature of Senior Accounts
Officer (AN), Office of the Controller General of Defence
Account, Delhi Cantt, transferring the sole respondent, holding the
post of Assistant Accounts Officer at Siliguri to Bagdogra on the
post of Local Audit Officer (Air Force), has been virtually
quashed.
2. Shorn of the details, it would suffice to state at the outset
that this Court by an order dated 02.12.2025 had issued notice to
the respondent herein while taking note of the fact that the
respondent has been transferred merely from Siliguri to Bagdogra
by an order dated 25.11.2024 and the distance between the said
two places is only ten kilometers.
3. Thereafter, the sole respondent has appeared in the
present case through his duly appointed Advocate and has filed a
counter affidavit, wherein it has been contended that the work
allocated to the sole respondent at Bagdogra comprises of carrying
out audit work at different stations, far away from Bagdogra and
Patna High Court CWJC No.15932 of 2025 dt.15-06-2026
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the same will definitely impede care of his minor son who is aged
about 12 years.
4. In order to give a quietus to the lis which has arisen in the
present case, we had asked the petitioners vide order dated
31.03.2026 to inform this Court as to whether the respondent can
be stationed at the Office of LAO (AF), Bagdogra and discharge
his duties from there itself. In response thereof, the petitioners
have filed a second supplementary affidavit wherein a chart has
been appended showing the distance of the locations where audit is
required to be conducted by the sole respondent vis-a-vis his place
of posting i.e. Bagdogra. The chart contained in letter dated
22.04.2026 written by the Senior Accounts Officer, Office of the
Principal Controller of Defence Accounts (AF), Dehradun is
reproduced herein below:-
Sl.No. Name of unit/formation Location Approx. distance in kms
1. 14 FBSU Purnea 195
2. 273 SU AF Bhuttabari 10
3. 3 TAC Sukna 22
4. 16 WING Hasimara 159
5. 20 WING Bagdogra Co-located
6. 10 AFH Hasimara 159
7. 507 SU AF Singharsi 407
8. 799 SU AF Kurseong 67
5. The learned counsel for the petitioners has submitted, by
referring to the aforesaid chart that the locations mentioned at Sl.
No.2 i.e. Buttabari, Sl. No.3 i.e. Sukna, Sl. No.5 i.e. Bagdogra and
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Sl. No.8 i.e. Kurseong are at a distance of only 10 Kms, 22 Kms,
Co-located and 67 kms respectively. It is also submitted that the
sole respondent would be required to do the job of audit work only
at the aforesaid four locations so that he would not have to travel
at a great distance from Bagdogra, hence the transfer policy in
question would not be inequitably infringed.
6. The learned counsel for the sole respondent Sri. Jayant
Kumar Karn, Advocate submits that if the sole respondent is
required to conduct the audit job at the afore-stated four locations,
the sole respondent has got no objection.
7. In view of the aforesaid and with the express consent of
the Ld. Counsel for the parties, we deem it fit and proper to
modify the judgement dated 29.05.2025, passed by the Ld. CAT in
O.A. No.050/00999/2024 and direct that the sole respondent shall
join at the new place of posting at Bagdogra on the post of Local
Audit Officer (Air Force), in compliance of the order of transfer
dated 25.11.2024, within a period of two weeks from today, if not
already joined, however the sole respondent will be required to
perform his duties only at Bagdogra, Bhuttabari, Sukna and
Kurseong, especially that pertaining to the job of audit work,
assigned to him.
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8. Accordingly, the present writ petition stands disposed of
with the aforesaid observations and directions.
(Mohit Kumar Shah, J)
(Raj Kumar, J)
GAURAV S./-
AFR/NAFR NAFR
CAV DATE
Uploading Date 18.06.2026
Transmission Date
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