Kerala High Court
Shahul Hameed.A vs Union Of India on 17 April, 2026
OP(CAT)No. 64 2026
2026:KER:33036
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
&
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
FRIDAY, THE 17TH DAY OF APRIL 2026 / 27TH CHAITHRA, 1948
OP (CAT) NO. 64 OF 2026
AGAINST THE ORDER DATED 08.04.2026 IN OA NO.351 OF
2024 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONERS:
SHAHUL HAMEED.A.,
AGED 34 YEARS
S/O ASSANAR, ASSISTANT LOCO PILOT, PALAKKAD
JUNCTION, SOUTHERN RAILWAY,(EARLIER MANGALORE
JUNCTION UNDER ORDERS OF TRANSFER TO CHENNAI
DIVISION OF SOUTHERN RAILWAY), PERMANENT
RESIDENCE: CHENNALI, MOOLANCODE.P.O.,
KIZHAKKANCHERY, PALAKKAD, PIN - 678684
BY ADVS.
SHRI.T.C.GOVINDASWAMY
SMT.KALA T.GOPI
SHRI.KAILESH T. GOPI
SMT.NISHITHA BALACHANDRAN
SMT.AKHILA S.
RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY THE GENERAL MANAGER, SOUTHERN
RAILWAY, HEADQUARTERS OFFICE, PARK TOWN P.O.,
CHENNAI, PIN - 600003
2 THE PRINCIPAL CHIEF PERSONNEL OFFICER,
SOUTHERN RAILWAY, HEADQUARTERS OFFICE, PARK TOWN
P.O., CHENNAI, PIN - 600003
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3 THE PRINCIPAL CHIEF OPERATIONS MANAGER,
SOUTHERN RAILWAY, HEADQUARTERS OFFICE, PARK TOWN
P.O., CHENNAI, PIN - 600003
4 THE DIVISIONAL RAILWAY MANAGER,
SOUTHERN RAILWAY, PALAKKAD DIVISION, PALAKKAD,
PIN - 678002
5 THE SENIOR DIVISIONAL PERSONNEL OFFICER,
SOUTHERN RAILWAY, PALAKKAD DIVISION, PALAKKAD,
PIN - 678002
6 THE SENIOR DIVISIONAL ELECTRICAL
ENGINEER(OPERATIONS),
SOUTHERN RAILWAY, PALAKKAD DIVISION, PALAKKAD,
PIN - 678002
7 THE DIVISIONAL RAILWAY MANAGER,
SOUTHERN RAILWAY, CHENNAI DIVISION,HEADQUARTERS
OFFICE COMPLEX, PARK TOWN P.O., CHENNAI, PIN -
600003
8 THE SENIOR DIVISIONAL PERSONNEL OFFICER,
SOUTHERN RAILWAY, CHENNAI DIVISION,HEADQUARTERS
OFFICE COMPLEX, PARK TOWN P.O., CHENNAI, PIN -
600003
9 THE CHIEF CREW CONTROLLER,
SOUTHERN RAILWAY,MANGALORE JUNCTION,
MANGALORE,KARNATAKA, PIN - 575007
BY ADV SHRI.B.RAJESH (KOTTAYAM), SENIOR PANEL
COUNSEL
THIS OP (CAT) HAVING COME UP FOR ADMISSION ON
17.04.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(CAT)No. 64 2026
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JUDGMENT
(Dated this the 17th day of April, 2026)
GOPINATH. P, J
This original petition has been filed challenging the
order dated 08.04.2026 in OA No.180/351/2024 on the file of
the Central Administrative Tribunal, Ernakulam Bench
( hereinafter referred to as the Tribunal). The petitioner is an
Assistant Loco Pilot. He was originally part of the Chennai
Division of the Southern Railway. On his request he was
transferred to the Palakkad Division and was posted to
Mangalore. The petitioner had approached the Tribunal
challenging this transfer back to the Chennai Division.
2. It is the case of the petitioner that the petitioner has
been transferred back to Chennai Division as a matter of
punishment which is illegal and unsustainable in law. The
petitioner also has a case that the transfer is contrary to the
stipulations in Annexure-A8 order of the Railway Board which
contemplates that disciplinary proceedings against the Railway
employee must be continued in the Division where he or she
was employed at the time when he or she committed the
offence. In other words, it is the case of the petitioner that the
disciplinary proceedings initiated against the petitioner in
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Palakkad Division must be continued and concluded while the
petitioner is working in Palakkad Division and he should not
have been transferred back to Chennai Division when
disciplinary proceedings were pending in Palakkad Division.
The learned Counsel for the petitioner also place reliance on
the judgment of the Supreme Court in Somesh Tiwari v.
Union of India and Others [2009 (2) SCC 592] to contend
that transfer can never be made as a matter of punishment. It
is pointed out that even going by the reply submitted by the
official respondents before the Tribunal, the main reason for
the transfer is that three disciplinary proceedings have been
initiated against the petitioner in the Palakkad Division. It is
submitted that the Tribunal had initially granted a stay against
the transfer of the petitioner from Palakkad Division to Chennai
Division and pending the original application, the petitioner
was transfered from Mangalore to Palakkad (within the
Palakkad Division). It is submitted that there is no reason to
transfer the petioner to Chennai Division and such transfer
cannot be justified.
3. The learned Counsel appearing for the Railway
Administration would submit that transfer is an incidence of
service. It is submitted that since the petitioner had been
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transferred to Palakkad Division on the basis of his request and
since three disciplinary proceedings were initiated against the
petitioner while serving in Palakkad Division, it was thought fit
in the interest of Administration that the petitioner be
transferred back to Chennai Division. It is submitted that the
transfer back to Chennai division is not a punishment and is
only routine administrative act. It is submitted that the
judgment of the Hon’ble Supreme Court in Somesh Tiwari
(Supra) does not apply in the facts of the present case where
the petitioner has only been transferred back to his parent
division after canceling his transfer (on request) to the
Palakkad division. It is also submitted that the Railway Board
instructions produced as Annexure A8 along with the original
application does not apply as those instructions deal only with
the continuation of disciplinary proceedings and not with the
transfer from one division to the other while disciplinary
proceedings are pending.
4. Having heard the learned counsel appearing for the
petitioner and the learned counsel appearing for the railway
administration, we are of the view that no interference is called
for with Ext.P1 order of the Tribunal in O.A No. 180/351/2024 .
The Tribunal has considered the contentions raised by the
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petitioner. The Tribunal has held that the transfer of the
petitioner from the Palakkad Division to the Chennai Division
was not a matter of punishment. The Tribunal has found that
the transfer of the petitioner from Palakkad Division to Chennai
Division was justified on the facts and circumstances of the
case and on account of the Administrative efficiency. The
judgment of the Supreme Court in Somesh Tiwari (Supra) no
doubt holds that the transfer cannot be as a matter of
punishment. However, in the facts of the present case, it has to
be noted that the petitioner was transferred to Palakkad
Division on request from the Chennai Division and on account
of the disciplinary proceedings initiated against the petitioner
one after the other in Palakkad Division, the Railway
Administration is thought it fit to repatriate the petitioner
back to the Chennai Division. Such repatriation cannot be
termed as a punishment transfer and in essentially only on
repatriation to the parent Division after canceling the grant of
inter-divisional transfer on the basis of the request put in by
the petitioner. It is settled law that the transfer is an incidence
of service and in the facts of the present case, we find no
reason to hold that there was any malice in the transfer of the
petitioner from the Palakkad Division to the Chennai Division.
OP(CAT)No. 64 2026
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No other point has been raised before this Court, though
several other contentions appear to have been considered by
the Tribunal.
The original petition is therefore dismissed. It is made
clear that the dismissal of this original petition or the dismissal
of OA No.180/351/2024 will not prevent the petitioner from
making a suitable representation to the competent authority.
Sd/-
GOPINATH P.
JUDGE
Sd/-
JOHNSON JOHN
JUDGE
AKH
OP(CAT)No. 64 2026
2026:KER:33036
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APPENDIX OF OP (CAT) NO. 64 OF 2026
PETITIONER ANNEXURES
Annexure-A1 A TRUE COPY OF THE OFFICE ORDER NO.J/PR
27/2024 DATED 24.06.2024, ISSUED BY THE
5TH RESPONDENT.
Annexure-A2 A TRUE COPY OF THE OFFICE ORDER NO.MJ
50 DATED 24.06.2024, ISSUED BY THE 9TH
RESPONDENT.
Annexure-A3 A TRUE COPY OF THE RELIEVING ORDER
NO.J/P.676/V/PR/IDT/IRT DATED
26.06.2024, ISSUED BY THE 5TH
RESPONDENT.
Annexure-A4 A TRUE COPY OF THE ORDER BEARING
NO.M/P(1E) LRG/155/2021 DATED
29.11.2021, ISSUED BY THE 8TH
RESPONDENT.
Annexure-A5 A TRUE COPY OF ORDER BEARING
NO.J/P.676/ V/PR/IDT/IRT/VOL.XXVII
DATED 03.07.2023, ISSUED BY THE 5TH
RESPONDENT.
Annexure-A6 A TRUE COPY OF THE MEMORANDUM BEARING
NO.J/E(OP)/226/DAR /SF5/ 15215MS1554
DATED 28.05.2024, ISSUED BY THE 6TH
RESPONDENT.
Annexure-A7 A TRUE COPY OF THE REPLY SUBMITTED BY
THE APPLICANT DATED 04.06.2024.
Annexure-A8 A TRUE COPY OF THE RAILWAY BOARD ORDER
BEARING RBE NO.120/2005 DATED
18.07.2005.
Annexure-A9 A TRUE COPY OF THE APPENDIX VI OF THE
INDIAN RAILWAY ESTABLISHMENT CODE VOL.I
AS PUBLISHED BY THE RAILWAY BOARD.
Annexure-A10 A TRUE COPY OF THE ORDER BEARING
NO.E(O)III2014/PL/03 DATED 10.06.2014
ISSUED BY THE RAILWAY BOARD.
Annexure-A11 A TRUE COPY OF THE ORDER BEARING RBE
NO.109/2015 DATED 21.09.2015.
Annexure-R1 TRUE COPIES OF THE MEMO OF CHARGES
DATED 28.02.2024, 28.05.2024,
21.06.2024.
Annexure-R2 TRUE COPY OF THE RAILWAY BOARD LETTER
NO.2023/TT-1/76/STAFF/07/DUTY HOURS
DATED 12.10.2023.
OP(CAT)No. 64 2026
2026:KER:33036
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Annexure-R3 TRUE COPY OF THE LETTER DATED
19.06.2024 OF THE PCPO/MAS.
Annexure-R4 TRUE COPY OF THE RELEVANT EXTRACT OF
MODEL SCHEDULE OF POWERS (SOP) 2018.
Annexure-R5 TRUE COPY OF THE RELEVANT EXTRACT OF
MASTER CIRCULAR NO.66.
Annexure-R6 TRUE COPY OF THE SANCTION ORDER OF THE
DRM/PGT DATED 13.06.2024.
Annexure-R7 TRUE COPY OF THE SANCTION ORDER OF THE
DRM/MAS DATED 14.06.2024.
Annexure-R8 TRUE COPY OF THE EXTRACT OF RULE 227OF
INDIAN RAILWAY ESTABLISHMENT CODE
Annexure-A12 A TRUE COPY OF THE LETTER BEARING
NO.J/E.OP.226/DAR/ABS/MAJN1297 DATED
28.02.2024 ISSUED BY THE 6TH
RESPONDENT.
Annexure-A13 A TRUE COPY OF THE APPENDIX VI OF THE
INDIAN RAILWAY ESTABLISHMENT CODE,
VOL.I.
Annexure-A14 A TRUE COPY OF THE APPEAL SUBMITTED BY
THE APPLICANT DATED 16TH MAY, 2025 TO
THE ADDITIONAL DIVISIONAL RAILWAY
MANAGER-II, PALAKKAD.
Exhibit-P1 A TRUE COPY OF THE ORDER IN
O.A.NO.180/351/2024 DATED 08.04.2026
RENDERED BY THE LEARNED C.A.T.
Exhibit-P2 A TRUE COPY OF THE O.A.NO.180/351/2024
FILED BEFORE THE LEARNED C.A.T., ALONG
WITH ITS ANNEXURES
Exhibit-P3 A TRUE COPY OF THE REPLY STATEMENT
DATED 19.06.2025 FILED ON BEHALF OF THE
RESPONDENTS, ALONG WITH ITS ANNEXURES
Exhibit-P4 A TRUE COPY OF THE REJOINDER DATED
24.08.2025 FILED BY THE APPLICANT IN
O.A.NO.180/351/2024
Exhibit-P5 A TRUE COPY OF THE INTERIM ORDER DATED
28.06.2024 IN O.A.NO.180/351/2024 AS
DOWNLOADED FROM THE WEBSITE OF THE
LEARNED C.A.T.
Exhibit-P6 A TRUE COPY OF THE MESSAGE BEARING
NO.J/AC 8/10/13 DATED 08.10.2025
THROUGH CHIEF CREW CONTROLLER/MANGALORE
JUNCTION
Exhibit-P7 A TRUE COPY OF THE ORDER BEARING
NO.CCRC/PGT AS COMMUNICATED TO THE
PETITIONER THROUGH WHATSAPP DATED
OP(CAT)No. 64 2026
2026:KER:33036
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09.10.2025 ISSUED BY THE CHIEF CREW
CONTROLLER
Exhibit-P8 A TRUE COPY OF THE ORDER BEARING
NO.J/PR 09/2026 DATED 17.03.2026 ISSUED
FROM THE OFFICE OF THE 5TH RESPONDENT
