VINUBHAI RATHODversusUNION OF INDIA
- Disposal
- 35-ANY OTHER MODE @ ADM.STAGE
- Bench
- NIRAL R MEHTA
Holding
The petitioner's grievances were deemed satisfied, and the petition was disposed of without adjudicating the merits.
Summary
Vinubhai Rathod filed a Special Civil Application against the Union of India seeking relief from a railway transfer. The respondents, represented by Ms. Archana Amin, offered that the petitioner could file a representation within one week and that the railway authority would decide it within 21 days, during which the petitioner could not join the transferred posting. The Court held that, in view of this offer, the petitioner's grievances were satisfied and disposed of the petition without addressing the merits. The order emphasized that any adverse decision must comply with natural justice principles and the revised Directive‑58, and must be communicated immediately with a seven‑day waiting period before enforcement. The registry was directed to record the respondent's counsel's name and to furnish a copy of the order to the respondent for compliance.
Issues considered
- Whether the petitioner can be compelled to join the transferred railway posting before a representation is considered.
- Whether the railway authority's proposed procedure complies with principles of natural justice and Directive‑58.
Subjects
Judgment
C/SCA/8748/2026 ORDER DATED: 29/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8748 of 2026
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VINUBHAI RATHOD
Versus
UNION OF INDIA
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Appearance:
MR. HARSH MITEN PARIKH(19004) for the Petitioner(s) No. 1
MS ARCHANA U AMIN(2462) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 29/06/2026
ORAL ORDER
[1] Heard learned advocate Mr. Harsh Miten Parikh for the
petitioner and learned advocate Ms. Archana Amin for the
respondents.
[2] At the outset, learned advocate Ms. Archana Amin for
the respondents – Railway authorities, under instructions,
submitted that if the petitioner files any representation before the
respondents authority within a period of one week from today, the
same shall be decided by the respondents authority within a period
of 21 days thereafter and till then, the petitioner may not join at
the transferred place.
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C/SCA/8748/2026 ORDER DATED: 29/06/2026
[3] In view of the aforesaid statement being made,
grievances of the petitioner, at this stage, are satisfied and present
petition is disposed of without expressing anything on merits of the
case.
[4] Needless to clarify that while passing the impugned
order, the authority shall decide the representation of the petitioner
complying the principles of natural justice as well as keeping in
mind the revised Directive – 58 in its letter and spirit. Needless to
further clarify that if the order is passed adversely affecting the
petitioner, the same shall be communicated to the petitioner
immediately and shall not be acted upon for further seven days
from the date of passing of the order.
[5] Registry to show the name of learned advocate Ms.
Archana Amin for the respondents authorities in the cause title.
[6] A copy of this order be made available to learned
advocate Ms. Archana Amin for the respondents for onward
compliance.
(NIRAL R. MEHTA,J)
CHANDRESH
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: CHANDRESH NATVARBHAI SIDDHAPURA(HC01109), PRIVATE SECRETARY, at High Court of Gujarat on 29/06/2026 19:09:16
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