Sudhi Ranjan Mishra, Member (J)
1. The applicant has filed this Original Application praying to quash the Office Order No.1948/2025 dated 12.09.2025 vide ID NO. DPPERSIII2025/1835/A-22017/04/2025 issued by the Respondents transferring the Applicant from CBI. ACB. Bhubaneswar to CBI, ACB, Srinagar inter alia stating that he entered into service as a Constable in Orissa State Police on 14.08.1987 and later joined the Central Bureau of Investigation on deputation on 09.08.1989 and absorbed in C.B.I. on 17.03.1998 as Constable at Kolkata. Thereafter, transferred to Bhubaneswar. On 01.06.2024, he was promoted to the rank of Asst. Sub Inspector. On 12.09.2025, he was transferred to CBI, ACB, Srinagar on “administrative ground”. He submitted representation dated 18.09.2025 citing his ill health condition and the health condition of his old ailing 86 years Mother.
2. This Bench vide its order dated 22.09.2025 directed that as far as question of IR is concerned, fourteen days time is allowed to the respondents to file objection to IR. However, while granting time to the respondents to file objection to IR it is directed that applicant shall be allowed to continue at his present place of posting, if not relieved as on date, till next date.
3. Respondents have filed M.A. No.510/2025 for vacation of I.R. stating therein that pursuant to CBI HO, New Delhi Office Order No. 1948/2025 dt. 12.09.2025, the applicant was relived from CBI. ACB. Bhubaneswar w.e.f. 26.09.2025 (afternoon) vide Office Order No. 263/Admn./2025 dt. 26.09.2025 with direction to report to CBI, ACB, Srinagar immediately. The above office order was sent to the applicant through a special messenger. Since the applicant and his family member did not receive the relieving order, the said office order was sent to the applicant by Speed Post on 26.09.2025. In letter dt. 26.09.2025 (actually posted on 27.09.2025), he has falsely mentioned that the copy of the order dt. 22.09.2025 was given by him on 22.09.2025. The letter dt. 26.09.2025 (posted on 27.09.2025) of the applicant, enclosing therewith the order dt. 22.09.2025 of this Bench, was received only on 29.09.2025 and by then the applicant was already relived from CBI, ACB, Bhubaneswar. It is stated that since the applicant has not joined CBI, ACB, Srinagar till date after being relieved from CBI, ACB, Bhubaneswar, the HoB, CBI, ACB, Srinagar is pressing hard for his joining in the said Branch. In stating so, it is submitted that the interim order dated 12.09.2025 may be vacated. It is also submitted that directions may kindly be issued to the applicant to join his new place of posting immediately.
4. We have heard the learned counsels from both the sides and perused the documents.
5. The applicant is aged about 57 years and close to the verge of his retirement. He had submitted representation dated 18.09.2025 against the order of transfer which is still pending. I.R. was passed on 22.09.2025. Since counter and rejoinder have been filed, vacation of interim order at this stage, the O.A. may render infructuous. Hence M.A. No.510 of 2025 for vacation of interim order is dismissed.
6. List this matter on 22.12.2025 for final hearing.
Copy of this order be given to learned counsel for both sides.
