I.

BACKGROUND FOR THE AMENDMENT IN IAS (CADRE) RULES, 1954

Mr. Shyam Bodo, an officer of the Indian Administrative Service, then serving as the
Additional Chief Secretary in the finance department of the state of Tamil Nadu was unable
to greet the Finance Minister on his arrival in the state. In the background of the conflicts
between the centre and the state, this incident made the Central government furious, and as a
retaliatory move, the Central government hurriedly amended the IAS (Cadre) Rules, 1954
and took away the say of the states in the central deputation of offices under Rule 6(1).

II. TRANSFER ORDER OF MR. SHYAM BODO

Pursuant to the amendment, Mr. Bodo was relieved from his service as the Additional Chief
Secretary (Finance) and was transferred to Guwahati on account of a deficiency in the state
cadre. He was asked to join his duty in Guwahati on 31/03/2022. Aggrieved by his transfer,
he filed a petition challenging the same in the Chennai Bench of the CAT u/s 19 of the
Administrative Tribunals Act, 1985. The then-respondents, the central government filed a
transfer application before the Chairperson of the Principal Bench of CAT contending that
the site of the respondents is in New Delhi.

III. CHAIRPERSON’S ORDER AND WRIT PETITION IN THE MADRAS

HIGH COURT

The Chairperson of the Principal Bench, assuming his power u/s 25 of the Act, allowed the
transfer application but instead transferred the case to the Guwahati Bench. Aggrieved by the
decision of the Chairperson, Mr. Bodo filed a writ petition in the Madras High Court on
substantive and processual grounds. The High Court allowed the writ and ruled in the favour
of Mr. Bodo and against the transfer order of the Chairperson.

IV. SPECIAL LEAVE PETITION IN THE SUPREME COURT

It is the Central government, aggrieved by the decision of the Madras High Court, that has
filed the present SLP before the Hon’ble Supreme Court contending that the Madras High
Court lacks the territorial jurisdiction to decide over the Chairperson’s order and the right
forum is the Delhi High Court. The Supreme Court has decided to hear the present petition on
merits.