Bombay High Court
TUSHAR K KHANDEversusUNION OF INDIA THE GENERAL MANAGER CENTRAL RAILWAY AND ROS
- Decided
- Disposal
- Disposed off as Withdrawn
Holding
The High Court held that it will not entertain the writ petition for interim relief as the CAT had already rejected the prayer, and the petitioner may raise all grounds before the Tribunal, leading to dismissal of the petition.
Summary
Petitioner Tushar K Khande filed a writ petition seeking a writ of certiorari to quash a Central Administrative Tribunal (CAT) order that rejected his request for interim relief against a transfer order dated 28 August 2026, and to stay the transfer and maintain his posting in Mumbai. The High Court observed that the interim relief had already been denied by the CAT and that the petitioner had reported to the new posting under protest. The Court held that the petitioner could raise all his grounds before the CAT at the scheduled hearing on 22 October 2026 and that the Court would not entertain the writ petition for interim relief. No merits of the transfer were decided. Consequently, the writ petition was dismissed.
Issues considered
- Whether the High Court should grant interim relief (stay of the transfer order) despite the CAT's prior rejection of such relief
- Whether the writ petition seeking certiorari to quash the CAT's order is maintainable
- Whether the petitioner’s posting can be maintained pending the final hearing before the CAT
Subjects
- transfer order
- interim relief
- writ petition
- certiorari
- Central Administrative Tribunal
- status quo
- public service employment
Judgment
Digitally signed
by MAYUR
MAYUR KONDIRAM
KONDIRAM ADANE
ADANE Date:
2026.09.29
14:08:48 +0530
39-WP-12577-2026 (C).doc
Mayur
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 12577 OF 2026
Tushar K Khande ...Petitioner
Versus
Union Of India The General
Manager Central Railway And Ors ...Respondents
...
Adv. Vicky Nagrani, for the Petitioner.
Adv. Suresh Kumar, for the Respondent Nos. 1 and 2.
...
CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
ADVAIT M. SETHNA, J.
DATE : 28th SEPTEMBER, 2026.
P.C.:
1. The instant writ petition, inter alia, is filed for the following
substantive reliefs :-
“a. call for the records and proceedings of Original
Application No.714 of 2026 from the learned Central
Administrative Tribunal, Mumbai, and after examining the
legality and propriety thereof, be pleased to issue a writ of
certiorari, or a writ in the nature of certiorari, or any other
appropriate writ, order or direction, thereby quashing and
setting aside the judgment and order dated 10.09.2026
passed by the learned Central Administrative Tribunal,
Mumbai in Original Application No.714 of 2026;
b. pending the hearing and final disposal of the present
Petition and/or Original Application No.714 of 2026, be
pleased to stay the operation, implementation and execution
of the transfer order dated 28.08.2026 insofar as it concerns
the Petitioner;
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39-WP-12577-2026 (C).doc
c. pending the hearing and final disposal of the present
Petition and/or Original Application No.714 of 2026, be
pleased to direct the Respondents not to relieve the Petitioner
from Mumbai Division and to permit him to continue as Law
Officer at Mumbai;
d. In the alternative, be pleased to direct the Respondents to
maintain status quo with regard to the Petitioner's posting at
Mumbai until the final adjudication of Original Application
No.714 of 2026.”
2. After substantial arguments, we have expressed our
disinclination to entertain the instant Writ Petition in view of the
fact that the Petitioner's prayer for interim relief in terms of staying
the effect and operation of the Impugned Transfer Order dated 28 th
August 2026 was rejected by the Central Administrative Tribunal,
Mumbai, (“Tribunal” for short) vide order dated 10 th September
2026.
3. At this stage, Mr. Vicky Nagrani, learned counsel for the
Petitioner fairly submits that the Petitioner has already reported to
the transferred place of posting under protest, and the Original
Application No. 714 of 2026 is scheduled to be listed on 22 nd
October 2026, before the Tribunal.
4. Accordingly, he prays for liberty to raise all the grounds before
the Tribunal as have been raised before this Court.
5. Suffice it to observe that it shall be open to the Petitioner to
raise all grounds raised before the Tribunal at the stage of final
hearing of the Original Application No.714 of 2026 on 22 nd October
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39-WP-12577-2026 (C).doc
2026. The Tribunal is requested to endeavor to decide the Original
Application No. 714 of 2026 expeditiously depending on its roster.
6. It is made clear that this Court has not expressed any opinion
on the merits of the matter.
7. With the aforesaid leave, the instant Writ Petition stands
dismissed.
[ADVAIT M. SETHNA, J.] [CHIEF JUSTICE]
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