WhatsApp ‘OK’ not proof leave was approved, CAT says in railway employee’s transfer case

The Central Administrative Tribunal (CAT), Allahabad, has held that a senior officer’s WhatsApp reply saying “OK” to a leave request could not, by itself, be treated as conclusive proof that the leave had been sanctioned by the competent authority.

Judicial member Rajnish Kumar Rai made the observation while dismissing a railway employee’s plea challenging his transfer from Prayagraj to Fatehpur, which he alleged was punitive and linked to his absence from duty. “…the alleged WhatsApp response ‘OK’ relied upon by the applicant cannot, by itself, be treated as conclusive proof of sanction of leave by the competent authority…,” the order dated October 7 read.

What was the case?

The employee said that he had gone to his native village after availing three days of leave. He further requested two additional days of leave through WhatsApp. According to him, the said request was approved by the senior divisional commercial manager/coaching, Prayagraj, by replying “OK”.

Subsequently, a transfer order and a consequential relieving order were passed against the employee, which he challenged before the tribunal.

The counsel for the employee argued that the transfer order and the consequential relieving order were not passed as a routine administrative measure in the public interest, but were punitive and arbitrary in nature.

Opposing the plea, the railways submitted that the transfer was necessitated by an urgent requirement for staff at Fatehpur, where a new entry and booking office had been developed. It said that he was transferred against a vacant post following a recommendation by the placement committee and approval by the competent authority.

It further stated that the employee’s leave was required to be sanctioned through the appropriate portal by the competent authority, and that mere submission of a leave application did not amount to sanction of leave.

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The tribunal held that the alleged WhatsApp reply of “OK” cannot, by itself, be treated as conclusive proof of sanction of leave by the competent authority. It noted that the employee was transferred pursuant to the administrative process and after approval of the competent authority.

“Looking to the aforesaid administrative exigency and the requirement of ensuring proper functioning of the concerned work, the action of the respondents cannot, in the absence of specific and cogent material, be said to have been actuated by mala fide or to constitute punishment in disguise,” the tribunal held.

It found that the railways had disclosed an identifiable and independent administrative basis for the transfer, namely, the development of the new entry and booking office at Fatehpur Railway Station, requirement of staff, and availability of a vacant post.

The tribunal held that there was no sufficient ground to interfere with the transfer or relieving orders. It therefore dismissed the plea.