CAT Upholds Transfer Based on IC Recommendations, Emphasizing Administrative Needs

Judgement Given On : 24/12/2021

In the case of Shantanu Mandal v. Union of India, decided on December 24, 2021, the Central Administrative Tribunal (CAT) upheld a transfer order issued against Dr. Shantanu Mandal, an ENT specialist, based on recommendations from the Internal Complaints Committee (IC). The CAT’s decision highlighted the importance of maintaining administrative decorum and efficiency at Safdarjung Hospital.

Dr. Shantanu Mandal, an ENT specialist, had been heading the Central Government Health Scheme (CGHS) Wing at Safdarjung Hospital in New Delhi since 2017. In 2020, a female colleague filed a sexual harassment complaint against Dr. Mandal. Following an inquiry, the IC cleared Dr. Mandal of all charges.

The IC’s recommendations included issuing a verbal warning to Dr. Mandal, separating the unit of female doctors from his unit, and supervising his interactions with female colleagues. Dr. Mandal contested these recommendations.

Subsequently, a transfer order relocating Dr. Mandal to the CGHS branch in Nagpur was issued. Dissatisfied with this decision, he protested and was instructed to file a representation. When his representation was denied, he was terminated from his position. Dr. Mandal then filed an application to challenge these orders, including the transfer, rejection of representation, and termination.

Key Submissions:

  • The Respondents argued that the transfer served administrative and public interests. They contended that Dr. Mandal’s application was futile since he had already joined the CGHS branch in Nagpur. As a central government employee, he could not refuse a transfer order or demand retention in the same location. Furthermore, they asserted that there was no evidence of malafide intent on the part of the authorities. The recommendations concerning Dr. Mandal’s interactions with female colleagues shed light on his character and the extent of his inappropriate behavior.

Court Observations:

  • The CAT referred to several Supreme Court cases, including Namrata Verma v. State of Uttar Pradesh (2017), which emphasized that transfer orders are essential in government posts, where service exigencies and administrative efficiency hold paramount significance.
  • In this case, the CAT concluded that the transfer was carried out in the interest of administrative efficiency and public welfare, in line with the IC’s recommendations. No legal irregularities were identified in the transfer order.

The CAT dismissed Dr. Shantanu Mandal’s application challenging his transfer order, maintaining that the decision was grounded in the public interest and the need for administrative efficiency.