They questioned his medical claims by pointing out that the PGIMER had issued him a fitness certificate in January, declaring him fit for duty (File Photo)The Central Administrative Tribunal (CAT) has dismissed a petition filed by an Intelligence Bureau (IB) officer challenging his transfer from Chandigarh to Srinagar, observing that “transfer is an inherent and essential condition of government service” and cannot be interfered with unless proven to be mala fide or in violation of statutory rules.The order by the CAT’s Chandigarh bench pronounced on August 14 by Member (Judicial) Ramesh Singh Thakur, came in response to an application filed by Nirmal Singh Chauhan, a Junior Intelligence Officer-I/Executive posted at the Subsidiary Intelligence Bureau, Chandigarh.Chauhan, 49, had approached the tribunal seeking cancellation of his transfer citing serious spinal ailments and family hardships as a single parent. He was diagnosed with lumbar canal stenosis and cervical spondylosis last year and has been undergoing treatment at the PGIMER, Chandigarh.The officer contended before the tribunal that his medical reports clearly state that his condition prohibits him from sitting or standing for long durations and advises against travel on uneven roads. He said the transfer to Srinagar, a hilly region, would “physically exacerbate his condition and make it impossible for him to perform his duties”.The applicant said that he suffers from a serious spinal condition requiring ongoing specialised treatment at a tertiary care institution like the PGIMER, Chandigarh, and transferring him to Srinagar, where such specialised care may not be readily available, would severely jeopardise his health and well-being. Chauhan further submitted that as a single parent, his presence in Chandigarh is essential for the care and well-being of his two children, and this transfer is not only “medically unsound but also creates an unnecessary hardship that could have been avoided by a more sympathetic and humane consideration” of his plea.In its reply, the Union of India and IB authorities, represented by Senior Central Government Standing Counsel Sanjay Goyal, opposed the plea, argued that the transfer was part of the Annual General Transfer (AGT) 2025 scheme and based on administrative requirements, adding that Chauhan had been in Chandigarh for over 16 years.The respondents also highlighted that the IB officer had given a written undertaking at the time of his absorption in 2012, expressing willingness to serve anywhere in India, including border areas. They questioned his medical claims by pointing out that the PGIMER had issued him a fitness certificate in January, declaring him fit for duty. Additionally, they claimed that he has a history of evading transfers and that he resides on the first floor of a building without a lift, is seen walking on roads without support, and drives a four-wheeler. Furthermore, Chauhan frequently travels to his native village in a hilly area of Himachal Pradesh, which is approximately 240 km from Chandigarh, suggesting he can handle travel to hilly areas.Story continues below this adThe Union and IB Counsel also said that his sons, aged 21 and 22, were mature enough to take care of themselves.After hearing both sides, the tribunal held that from the record itself, it is clear that “the post of the applicant (Chauhan) carries all-India service liability”, and he previously submitted his willingness to serve anywhere in India.“The transfer is an inherent and essential condition of government service. Courts generally do not intervene with transfers unless the order is issued with a mala fide intent, in violation of statutory rules, or by an incompetent authority,” the tribunal observed.It said that the IB have specifically stated in its arguments that the transfer was part of the normal Annual General Transfer (AGT) 2025 and was necessitated by administrative requirements, and that the applicant has failed to “convincingly demonstrate that his transfer was arbitrary, unreasonable, or issued with a mala fide intent”, while dismissing the application.Stay updated with the latest - Click here to follow us on Instagram© The Indian Express Pvt LtdTags:Central Administrative Tribunal (CAT)