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Bombay High CourtWP/2628/2026disposed off

Amit Kumar v. The Union Of India, Ministry Of Home Affairs Thr. Directorate General, New Delhi And ORS.

2026-05-07Hon'Ble Shri Justice Anil S. Kilor , Hon'Ble Shri Justice Raj D. Wakode2 pages

2026:BHC-NAG:7247-DB 912.WP.2628.2026 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 2628 OF 2026 Amit Kumar Vs. The Union of India & Ors.

______________________________________________________________________________ Office Notes, Office Memoranda of Coram, Appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Ms. Sakshi Tiwari, Advocate with Ms. Mansi Saraykar, Advocate for the Petitioner.

Mr. A.J. Gilda, Advocate for the Respondents. ------------------------------- CORAM : ANIL S. KILOR AND R AJ D. WAKODE , JJ.

DATE : 07.05.2026 Heard.

2.

By way of the present writ petition, the petitioner, who is a Government servant holding the rank of Assistant SubInspector (Ministerial) in the Central Reserve Police Force, has challenged the transfer order dated 07.01.2026 issued by respondent No.2, whereby he has been transferred from the 191 Battalion to the 233 Battalion situated at Lucknow. 3.

It is the case of the petitioner that, though his hardship score was 876, the same was ignored, and the persons having less hardship score were granted transfer as per their choice. It is further contended that none of the 21 options given by the petitioner were considered by the respondents. It is pointed out that the petitioner, therefore, made a representation to respondent No.2, which came to be rejected vide communication dated 20.02.2026, but without recording any reason.

912.WP.2628.2026 2/2 4.

We find that such rejection is in violation of the principles of natural justice, for the reason that the petitioner had specifically raised certain issues in the representation which required consideration by respondent No.2. However, respondent No.2 has not assigned even a single reason for not considering the points raised by the petitioner. 5.

Accordingly, we quash and set aside the communication dated 20.02.2026 and direct respondent No.2 to reconsider the petitioner's representation dated 12.01.2026 and take a decision on each of the issues and points raised therein relating to the non-consideration of his options and hardship score. Such decision shall be taken by respondent No.2 within two weeks from today and shall be communicated to the petitioner within one week thereafter.

6.

Liberty is granted to the petitioner to file afresh, if such occasion arises.

7.

The petition is accordingly disposed of. No costs. (RAJ D. WAKODE, J.) (ANIL S. KILOR, J.) Vijaykumar Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 08/05/2026 19:41:09