Jammu, Nov 04:In O.A./1722/2025 titled MOHD SARFRAZ Vs GEOLOGY AND MINING DEPARTMENT, after hearing CAT ordered as under:-
1. Admit.
2. The applicant is aggrieved of Government Order No. 81-JK (MNG) of 2025 dated 28.10.2025, whereby he has been transferred from the post of District Mineral Office, Samba and posted in the Directorate of Geology and Mining, UT of J&K for further duties.
3. It is submitted by learned Sr. Counsel for the applicant that the impugned order is in violation of the transfer policy which requires a minimum tenure of at least 2 years and maximum of 3 years.
Secondly, the calendar of transfer has also been prescribed which is being violated in this case. Thirdly, the applicant has been made to suffer as he has earlier also challenged his transfer order dated 29.08.2025 in O.A. No. 1401 of 2025, which was stayed by this Tribunal and after the withdrawal of transfer order dated 29.08.2025, the aforesaid O.A. was dismissed as withdrawn.
On the aforesaid grounds, the learned Sr. Counsel has urged that there is a strong case in favour of the applicant for staying the impugned order. \\
4. Issue notices to respondents. Mr. Rajesh Thapa, learned A.A.G. appears and accepts notices on behalf of the respondents.
5. Mr. Thapa vehemently opposed the prayer made by learned Sr. Counsel and prayed for sometime to respond to the allegations and file the counter accordingly.
6. Having heard the learned counsels for parties, I am of the view that the applicant has been able to make out a prima facie case for indulgence of this Tribunal.
7. Accordingly, as an interim measure, subject to objections from other side and till the next date of hearing, the operation of Government Order No. 81-JK (MNG) of 2025 dated 28.10.2025 is stayed qua the applicant.
8. List on 05.12.2025.
9. Let reply be filed by the respondents by or on the next date of hearing with advance copy to learned counsel for the applicant.
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