Allahabad High Court
NARESH KUMARversusUNION OF INDIA AND 5 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The court directed Respondent No.4 to decide the petitioner's representation within twelve weeks, without expressing any opinion on the merits of the transfer order.
Summary
The petitioner, Naresh Kumar, filed a writ petition challenging a transfer order dated 13 June 2026 that moved him to Varanasi and seeking a mandamus directing the authorities to accommodate him at a nearby RPF post in New Delhi. He also submitted a representation on 27 July 2026 requesting reconsideration of the transfer, which remains pending before Respondent No.4. The court, after hearing counsel, declined to opine on the merits of the transfer but ordered Respondent No.4 to decide the representation expeditiously, preferably within twelve weeks of the certified copy of the order, after giving a hearing. No direction was given to quash the transfer order. The petition was therefore disposed of with the specific direction to the respondent.
Issues considered
- Whether the transfer order dated 13 June 2026 can be quashed by a writ of certiorari.
- Whether the court can issue a mandamus directing the authority to accommodate the petitioner at a nearby RPF post in New Delhi.
- Whether the court can direct the respondent to decide the petitioner's representation within a stipulated time frame.
Subjects
- transfer order
- writ petition
- certiorari
- mandamus
- RPF
- representation
- administrative law
- service matters
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 14975 of 2026
Naresh Kumar
.....Petitioner(s)
Versus
Union Of India And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Arya Gautam, Atipriya Gautam, Sr.
Advocate, Vinod Kumar Mishra
Counsel for Respondent(s) : A.S.G.I.
Court No. - 33
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the parties and perused the record.
2. The instant writ petition has been filed for the following relief:
"a) Issue, a writ, order or direction in the nature of Certiorari, quashing
the impugned Transfer Order dated 13/06/2026, passed by the
Respondent No. 4. (enclosed as Annexure-1) to the writ petition.
b) a writ order or direction, in the nature of Mandamus, directing the
Respondents, to Pass Appropriate order on the Representation of the
Petitioner, with regard to Accommodate the petitioner at nearby any
district in RPF Post at New Delhi."
3. Contention of the learned counsel for the petitioner is that the petitioner
has challenged the transfer order dated 13.06.2026 by which the petitioner
has been transferred to Varanasi. It has been further submitted that after
joining at the place of posting, the petitioner has moved a representation for
reconsideration of his transfer application on 27.07.2026, which is pending
before respondent no. 4.
4. Learned Standing Counsel has submitted that no useful purpose would be
served in keeping this petition pending and it would be appropriate to direct
the respondent no. 4 to decide the representation/application of the petitioner
within a time frame as fixed by this Court.
5. Considering the facts and circumstances of the case, without expressing
WRIA No. 14975 of 2026
2
any opinion on the merits of the case, the present petition stands disposed of
finally with a direction to respondent No. 4 to consider and decide the
aforementioned representation/application of the petitioner, in accordance
with law, expeditiously, preferably within a period of twelve weeks from the
date of production of a certified copy of this order after giving opportunity
of hearing to the parties concerned provided that there is no other legal
impediment.
(Manish Kumar Nigam,J.)
September 18, 2026
Ved Prakash
Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad
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