The Central Administrative Tribunal (CAT) stayed the transfer of Dr Vatsala Aggarwal, who was removed as Delhi's DGHS. The transfer, which placed her on "awaiting posting" status, followed a vigilance probe. CAT found a prima facie case for her.
The Central Administrative Tribunal (CAT), Principal Bench, has stayed the transfer order issued against Dr Vatsala Aggarwal, who was removed from the post of Director General Health Services (DGHS), Government of NCT of Delhi, and placed under "awaiting posting" status without any substantive assignment.
The interim order was passed by a bench of Justice Rajveer Singh Verma, Member (Judicial), while hearing an Original Application filed by Dr. Aggarwal challenging the transfer order dated May 21, 2026. Appearing for the applicant, Advocates Yasharth and Ankur Chibber argued that the transfer was arbitrary, punitive and mala fide, and had been issued immediately after a vigilance inspection concerning procurement-related files.
On behalf of the respondents, Advocate DK Singh appeared for Advocate Purnima Maheshwari. According to the plea, Dr Aggarwal had joined the Central Health Services in 1993 and later opted for Delhi Health Services in 2009. The application stated that she held several senior positions, including Medical Superintendent of various hospitals, before being appointed DGHS on August 19, 2025.
The Vigilance Probe and Transfer
The plea alleged that on May 18, 2026, officials from the Directorate of Vigilance visited her office seeking procurement-related files. Dr Aggarwal allegedly informed the officials that the records were under the custody of Dr VK Ranga, Head of Office of the Central Procurement Agency (CPA), and also requested a specific list of files required.
It was further alleged that despite her cooperation with the vigilance department, including furnishing available records and seeking duplicate copies of files for continuity of procurement and patient care, the government issued the impugned transfer order on May 21, 2026.
Applicant's Legal Challenge
The applicant contended that the transfer violated the 2014 transfer guidelines applicable to Delhi Health Services officers because she was shifted without being assigned any substantive posting. It was also argued that keeping her in "awaiting posting" amounted to compulsory waiting and was contrary to settled principles of administrative law.
The plea also pointed out that Dr. Aggarwal had been functioning as Registrar of the Delhi Medical Council in an ex officio capacity and was overseeing elections scheduled for May 31, 2026. Her removal just before the elections was alleged to reflect a lack of application of mind.
The applicant relied upon the Supreme Court judgment in Somesh Tiwari vs Union of India to argue that while transfer is ordinarily an incident of service, a transfer order passed instead of punishment is liable to be set aside.
Tribunal's Observation and Order
During the hearing, the respondents sought time to obtain instructions from the department. The Tribunal noted that the respondents' counsel appeared to proceed on the basis that transfer is an incident of service and that the competent authority has powers to transfer officers in administrative exigencies.
After hearing the matter, the Tribunal observed that Dr Aggarwal had made out a prima facie case for interim protection and that the balance of convenience lay in her favour. The Tribunal further observed that irreparable prejudice may be caused if the transfer order were allowed to operate during the pendency of the matter.
Accordingly, the Tribunal ordered that the operation of the May 21, 2026, transfer order shall remain stayed till the next date of hearing. The matter has now been listed for further hearing on May 29, 2026. (ANI)
(Except for the headline, this story has not been edited by Asianet Newsable English staff and is published from a syndicated feed.)