High CourtsDivision Bench(2026) 03 DEL CK 2095

Insp/Min Rajkishor Tiwari vs Union Of India & Ors.

Delhi High Court, Principal Bench, New Delhi · Decided on 27 March 2026

HON’BLE JUDGES
V. Kameswar Rao, J · Manmeet Pritam Singh Arora, J
CASE NUMBER
W.P.(C) 3967/2026 CM APPL. 19345/2026

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Judgment

33 paragraphs · 691 words

V. KAMESWAR RAO, J. (ORAL)

1.

This petition has been filed with the following prayers:-

“1.

Issue a Writ of Certiorari or a direction in the nature thereof, quashing and setting aside the Impugned Transfer Order dated 07.01.2026 (Order No. 1586/2026-ORG-DTE-P3DA4-PER-DG-SNTS) issued by the DIG (ORG) CRPF, NEW DELHI transferring the -Petitioner from DIG Range, Bhopal to NEZ Office, Guwahati under the Summer Chain Transfer-2026, being arbitrary, illegal and contrary to the applicable transfer policy issued by the Directorate General CRPF.

II. Issue a Writ of Certiorari or a direction in the nature thereof, quashing and setting aside the Rejection Order dated 20.02.2026 (Order No. 02/2026-0RG-DTEP3DA4-PER-DG) issued by the DIG (ORG) CRPF, NEW DELHI, whereby the Petitioner's representation against the Impugned Transfer Order was summarily rejected without reasons, being non-speaking and violative of the principles of natural justice.

III. Issue a Writ of Mandamus or a direction in the nature thereof, directing the Respondents, 'i.e, DG CRPF, to reconsider the case of the Petitioner for extension of tenure/posting: either to CH Bhopal for completion of his tenure or to any of a static HQrs/units: within the state of Uttar Pradesh/Rajasthan/Bihar and Delhi/NCR.”

2.

This petition has been filed by the petitioner challenging the order dated 07.01.2026 whereby the petitioner has been transferred from the unit of DIG BPL to the North East Zone. In other words, he has been transferred from Bhopal to the North East Zone. The petitioner also lays a challenge to the order dated 20.02.2026 whereby the representation of the petitioner about the transfer order has been rejected.

3.

One of the grounds of challenge to the transfer order is that the circular dated 31.03.2022 mandates that all personnel, on transfer, shall be given an opportunity to compulsorily fill the prescribed number of choices through the SAMBHAV App/SANTOS Portal before the transfer is effected.

4.

According to Mr. Abhay Kumar Bhargava, learned counsel for the petitioner NEZ/Guwahati was neither an eligible unit nor part of his 25 choice units, as such the petitioner could not have been transferred outside the Santos list.

5.

We are unable to accept this submission made by Mr. Bhargava. This we say so, for the reason that the petitioner in his service career has remained posted in and around Bhopal (his home town), with effect from 2005 i.e., for the last twenty one years and the same is clear from page 27 of the paper book which is a chart showing the posting of the petitioner, which we reproduce as under:

Sl NoUnitUnit Cate goryTheatreArea TypeDuty LocationRankTfr TypeFrom DateTo DateYe arMont hDa y
1GC-NGR/ HQDOtherSTATIC(S)NAGPUR, State: MaharashtraASI MINOTHER13/02/199512/10/1997285
2107 RAF/H QDOtherFIELD(H)BHOAPL, State: MADHYA PRADESHASI MINOTHER13/10/199716/07/20024911
3001-BN/H QCNorth EastFIELD(H)JIRANIA, State: TRIPURAASI MINOTHER17/07/200230/06/200411121
4001-BN/H QCNorth EastFIELD(H)KHUMLANG, State: TRIPURAASI MINOTHER01/07/200405/05/20050109
5001-BN/H QCJammu and KashmirFIELD(H)SRINAGAR, State: JAMMU AND KASHMIR (UT)ASI MINOTHER06/05/200513/07/2005029
6GC-NMH/ HQDOtherSTATIC(S)NEEMUCH, State: MADHYA PRADESHASI MINOTHER14/07/200519/01/20093613
7GC-BPL/H QDOtherSTATIC(S)BHOPAL, State: MADHYA PRADESHASI MIN (20/01/20 09 to 27/04/20 10), SI MIN (28/04/20 10 to 08/10/20 12)POSTIN G20/01/200908/10/20123825
8CTC-GWL/ HQDOtherSTATIC(S)PANIHAR GWALIOR, State: MADHYA PRADESHSI MINPOSTIN G09/10/201225/12/20131219
9123·B N/HQ.BLWEFIELD(H)BAIAGHAT, State: MADHYA PRADESHSI MINPOSTIN G26/12/201320/06/2016260
10GC-LKW/ HQDOtherSTATIC(S)LUCKNOW, State: UTTAR PRADESHSI MINPOSTIN G21/06/201624/05/20170118
11GC-LKW/ HQ (Attached with DTE-GEN)DOtherSTATIC(S)CGOCOMPLEX NEW DELHI, State: NCT OF DELHISI MINATTAC HMENT25/05/201713/07/20181121
12GC-LKW/ HQDOtherSTATIC(S)LUCKNOW, State: UTTAR PRADESHSI MINPOSTIN G14/07/201824/07/20180011
13DTE-GEN/H QDOtherSTATIC(S)CGOCOMPLEX NEW DELHI, State: NCT OF DELHISI MINSCT25/07/201807/10/20224219
14GC-BPL/H QDOtherSTATIC(S)BHOPAL, State: MADHYA PRADESHSI MINTEN-COMPL ETE08/10/202204/12/20220128
15GC-BPL/H Q (Attached with DTE-GEN)DOtherSTATIC(S)CGOCOMPLEX NEW DELHI, State: NCT OF DELHISI MINATTAC HMENT05/12/202211/04/2023048
16GC-BPL/H QDOtherSTATIC(S)BHOPAL, State: MADHYA PRADESHSI MINTEN-COMPL ETE12/04/202303/11/20230626
17GC-BPL/H Q (Attached with DTE-GEN)DOtherSTATIC(S)CGOCOMPLEX NEW DELHI, State: NCT OF DELHISI MINATTAC HMENT04/11/202331/03/20240429
18GC-BPL/H QDOtherSTATIC(S)BHOPAL, State: MADHYA PRADESHSI MIN (01/04/20 24 to 08/05/20 25), INSPMIN (09/05/20 25 to 06/07/20 25)TEN-COMPL ETE01/04/202406/07/2025138
19DIG-BPl/H QDOtherSTATIC(S)BHOPAL, State: MADHYA PRADESHINSPMINOTHERS07/07/20?520/03/20260817
6.

There is no denial to the fact that the petitioner is holding a post having all India transfer liability.

7.

The transfer being an incidence of service, the plea of Mr. Bhargava that the petitioner should be transferred as per choice posting opted by him cannot be accepted.

8.

That apart, there are no allegations of malafide made against the competent authority effecting the transfer.

9.

Hence, we do not see any merit in the petition. We dismiss the same. The pending application is also dismissed.