Insp/Min Rajkishor Tiwari v. Union Of India & ORS.
$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 27.03.2026 + W.P.(C) 3967/2026 CM APPL. 19345/2026 INSP/MIN RAJKISHOR TIWARI .....Petitioner Through:
Mr. Abhay Kumar Bhargava, Mr.
Satyaarth Sinha, Mr. Sanchit Kumar and Mr. Ajinkya Dhalwade, Advs.
versus UNION OF INDIA & ORS.
.....Respondents Through:
Mr. Akash Chatterjee, SPC, Mr.
Vinod Sawant, Law Officer, Insp.
Athurv and Mr. Ramniwas Yadav, CRPF.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA 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. 02/20260RG-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 nonspeaking 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 No Unit Unit Cate gory Theatre Area Type Duty Location Rank Tfr Type From Date To Date Ye ar Mont h Da y GCNGR/ HQ Other STATIC(S) NAGPUR, State:
Maharashtra ASI MIN OTHER 13/02/1995 12/10/1997 RAF/H Q Other FIELD(H) BHOAPL, State:
MADHYA PRADESH ASI MIN OTHER 13/10/1997 16/07/2002 001BN/H Q North East FIELD(H) JIRANIA, State:
TRIPURA ASI MIN OTHER 17/07/2002 30/06/2004 001BN/H Q North East FIELD(H) KHUMLANG, State:
TRIPURA ASI MIN OTHER 01/07/2004 05/05/2005 001BN/H Q Jammu and Kashm ir FIELD(H) SRINAGAR, State:
JAMMU AND KASHMIR (UT) ASI MIN OTHER 06/05/2005 13/07/2005 GCNMH/ HQ Other STATIC(S) NEEMUCH, State:
MADHYA PRADESH ASI MIN OTHER 14/07/2005 19/01/2009 GCBPL/H Q Other STATIC(S) BHOPAL, State:
MADHYA PRADESH ASI MIN (20/01/20 09 to 27/04/20 10), SI MIN (28/04/20 10 to 08/10/20 12) POSTIN 20/01/2009 08/10/2012 CTCGWL/ HQ Other STATIC(S) PANIHAR GWALIOR, State:
MADHYA PRADESH SI MIN POSTIN 09/10/2012 25/12/2013 123·B N/HQ.
LWE FIELD(H) BAIAGHAT, State:
MADHYA SI MIN POSTIN 26/12/2013 20/06/2016
PRADESH GCLKW/ HQ Other STATIC(S) LUCKNOW, State:
UTTAR PRADESH SI MIN POSTIN 21/06/2016 24/05/2017 GCLKW/ HQ (Attach ed with DTEGEN) Other STATIC(S) CGO COMPLEX NEW DELHI, State:
NCT OF DELHI SI MIN ATTAC HMENT 25/05/2017 13/07/2018 GCLKW/ HQ Other STATIC(S) LUCKNOW, State:
UTTAR PRADESH SI MIN POSTIN 14/07/2018 24/07/2018 DTEGEN/H Q Other STATIC(S) CGO COMPLEX NEW DELHI, State:
NCT OF DELHI SI MIN SCT 25/07/2018 07/10/2022 GCBPL/H Q Other STATIC(S) BHOPAL, State:
MADHYA PRADESH SI MIN TENCOMPL ETE 08/10/2022 04/12/2022 GCBPL/H Q (Attach ed with DTEGEN) Other STATIC(S) CGO COMPLEX NEW DELHI, State:
NCT OF DELHI SI MIN ATTAC HMENT 05/12/2022 11/04/2023 GCBPL/H Q Other STATIC(S) BHOPAL, State:
MADHYA PRADESH SI MIN TENCOMPL ETE 12/04/2023 03/11/2023 GCBPL/H Q (Attach ed with DTEGEN) Other STATIC(S) CGO COMPLEX NEW DELHI, State:
NCT OF DELHI SI MIN ATTAC HMENT 04/11/2023 31/03/2024 GCBPL/H Q Other STATIC(S) BHOPAL, State:
MADHYA PRADESH SI MIN (01/04/20 24 to 08/05/20 25), INSP MIN (09/05/20 25 to 06/07/20 25) TENCOMPL ETE 01/04/2024 06/07/2025 DIGBPl/H Q Other STATIC(S) BHOPAL, State:
MADHYA PRADESH INSP MIN OTHERS 07/07/20?5 20/03/2026 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.
V. KAMESWAR RAO, J MANMEET PRITAM SINGH ARORA, J MARCH 27, 2026/rt