Kashish Mittal withdraws plea challenging transfer order

Ramkrishan Upadhyay

Tribune News service

Chandigarh, March 30

15 days after challenging the transfer order, AGMUT cadre IAS officer Kashish Mittal withdrew his petition in the Central Administrative Tribunal (CAT) today.

Sources said the former Additional Deputy Commissioner of the UT cited no reason for withdrawing his application.

Mittal was among the four Arunachal Pradesh-Goa-Mizoram-Union Territories (AGMUT) cadre officers transferred from Chandigarh on March 8.

In his petition filed today before the court Mittal said “The applicant does not want to proceed with the matter and same may kindly be dismissed as withdrawn.”

The decision of Mittal to withdraw the application followed after strong worded reply filed by the Ministry of Home in CAT. In its reply, the Ministry questioned his intention to remain in the city and stated that the efforts of the applicant to remain in Chandigarh gave rise to suspicion that he had developed vested interests in Chandigarh.

The reply contended that the petitioner had no locus standi to dictate as to how and where he had to be posted by the competent authorities.

“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.

In the originally application, Mittal contended that the transfer was done against rules. He mentioned the tribunal that as per the IAS appointment rules of 2014 issued by the Department of Personnel and Training, the government cannot transfer IAS officers before completion of their term.

Also, before transferring an officer the board has to discuss it with the IAS officer being transferred as per the Supreme Court guidelines. Mittal was posted in Chandigarh on August 27, 2013.