Taking note of challenging its transfer order, the Ministry of Home Affairs has warned of disciplinary action "without any further reference" against six DANICS  (Delhi, Andaman and Nicobar Island Civil Services)officers, working with the Delhi Government, if they fail to join the Lakshadweep Administration "immediately". 

In a fresh order dated May 20, the MHA  directed six officials -Sandeep Kumar Mishra, Sravan Bagaria, Shailendra Singh Parihar, Singare Ramchandra Mahadev, Nitin Kumar Jindal and Rakesh Kumar have been asked to immediately report to the Union Territory (UT) Lakshadweep administration and forward a copy of their joining report , failing which disciplinary action as per rules will be initiated without any further reference. The ministry has marked its order to all UTs and Chief Secretary of Delhi. They were initially served the transfer order in November last year, after which the officers moved the CAT. They were again served with a reminder in February to join their new posting but that too was ignored as the matter was pending before the CAT.

Sources said that there are over two dozen DANICS officials staying in Delhi despite their transfer order.  The MHA has prepared a list of such officials who have refused to go outside Delhi despite their transfer orders.

The fresh order came on May 20, immediately after the Central Administrative Tribunal (CAT) bench headed by chairperson Manjula Das ruled that there was "no merit" in the applications of the six DANICS officers challenging the decision of the ministry to transfer them to Lakshadweep.

Dismissing the pleas of six officers challenging the MHA’s transfer orders,  the CAT Principal bench headed by chairman Manjula Das and member Mohd Jamshed said the transfer of the applicants has been necessitated on account of the development noted therein and the transfer can not be termed as one without reason. In its 23 pages order, the CAT Principal Bench said, "We are of the view that it is not necessary to give the reason in the transfer order itself".

The order said that  "It is the settled proposition of law that a government servant cannot disobey the transfer order by not reporting at the place of posting and then go to the court to ventilate his grievances."

 "It is his duty to first report for work where he is transferred and to make a representation subsequently as to what may be his personal problems, which has admittedly not been done in the instant case."

 The Principal bench also said that no government servant has any legal right to be posted at any particular place since the transfer of an employee appointed to the class or category of transferable posts from one place to another is not only an incident but a condition of service, "necessary too in public interest and efficiency in the public administration".  The tendency of not reporting at the place of posting and indulging in litigation has been seriously viewed by the Supreme Court also, the order said while drawing the attention to various judgements from the apex court.

 During the hearing at the CAT, Additional Solicitor General Vikramjit Banarjee drew the attention of the bench to a clause in the transfer policy of DANICS.The clause states that "notwithstanding anything contained in the policy, Ministry of Home Affairs has the absolute right, if necessary, to transfer or post any officer to any constituent at any time on administrative grounds/in public interest."

 The ministry stated that "there is an imperative need for disposal of these matters (vacating the stay on transfers) as larger public interests necessitate the joining the officials to the outlying segments".