CAT SETS ASIDE REPATRIATION OF SENIOR AUDITOR POSTED IN DELHI ON
SPOUSE GROUNDS
New
Delhi, July 24, 2025: In a significant judgment protecting the
rights of government employees serving on spouse-ground postings, the Principal
Bench of the Central Administrative Tribunal (CAT) has set aside the premature
repatriation of Senior Auditor Ajit Tamolia from Delhi to Mumbai,
holding that the action was punitive in nature and violative of the principles
of natural justice. The applicant was represented by Mr. Shubham Bahl,
Advocate, appearing for Mr. Anuj Aggarwal, Advocate, before the Tribunal.
The
matter was heard by a Bench comprising Hon'ble Mr. Sanjeeva Kumar, Member
(Administrative) and Hon'ble Mr. Ajay Pratap Singh, Member (Judicial).
Ajit
Tamolia, a Senior Auditor in the Indian Audit and Accounts Department (IAAD),
had been serving in Delhi since March 2017 on deputation from the Office of the
Director General of Audit (Shipping), Mumbai. His posting was granted on spouse
grounds, as his wife is employed as a Permanent PGT (Economics) with the
Directorate of Education, Government of NCT of Delhi. His deputation had been
extended from time to time and was valid up to March 2025.
According
to the applicant, the dispute arose after he was allegedly directed by senior
officials to collect certain personal documents on behalf of a private
individual from the office of the SDM (HQ), Daryaganj. Tamolia contended that
the assignment was outside his official duties and that he was threatened with
repatriation after expressing reluctance to carry out the task.
Subsequently,
he was repatriated to his parent office in Mumbai through an order dated 18
November 2024, despite his deputation tenure continuing until March 2025.
Challenging the decision before the Tribunal, the applicant argued that the
repatriation was punitive, stigmatic, and passed without affording him any
opportunity of hearing.
The
Tribunal examined the circumstances leading to the repatriation and noted that
the departmental order itself referred to allegations of "indiscipline and
insubordination." The Bench observed that when an order is founded upon
allegations affecting the conduct of an employee, the authorities cannot bypass
the requirements of natural justice. An employee must be given a fair
opportunity to explain his position before any adverse action carrying a stigma
is taken.
The
applicant further pointed out that he had served in Delhi for more than seven
years, maintained an excellent service record, and had never been subjected to
any disciplinary proceedings. He also highlighted the hardship that would be
caused to his family, as his wife and children were settled in Delhi.
Allowing
the Original Application, the Tribunal granted relief to the applicant and
reaffirmed the principle that administrative repatriation cannot be used as a
substitute for disciplinary action where allegations of misconduct form the
basis of the decision.
Legal
observers believe the ruling will have wider implications for government
departments dealing with deputation and spouse-ground postings, particularly in
cases where employees are prematurely repatriated on grounds that may have
punitive consequences.
[Ajit
Tamolia Vs. The Comptroller & Auditor General of India (CAG) & Ors., OA
No. 202/2025, date of decision – 24.07.2025, Central Administrative Tribunal,
Principal Bench, New Delhi]
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