Third challenge by a railway employee against transfer to Kashmir Valley on medical grounds. Medical boards of RML Hospital and Railway Medical Authority had declared him fit; authorities rejected his representation by speaking order. The Court found no mala fide or violation of mandatory statutory provisions.
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$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Through: Mr. S.K. Vashistha, Advocate.
versus
UNION OF INDIA AND ORS .....Respondents Through: Mr. Sandeep Tyagi, Senior Panel Counsel with Mr. Rahul Bhaskar, Government Pleader and OS Manoj Kumar.
CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE AMIT MAHAJAN O R D E R % 17.04.2026
CM APPLs. 24928-30/2026
W.P.(C) 5079/2026 & CM APPL. 24927/2026
“ PRAYER:
It is, therefore, most humbly prayed that this Hon’ble Court may most graciously be pleased:-
Page 1 of 6
W.P.(C) 5079/2026
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/04/2026 at 15:43:02
office of respondent no.3 whereby the respondent no.3 directed the petitioner to proceed on posting to Kashmir valley and order dated 05.06.2024 and order dated 21.01.2026 (order not supplied) passed by the respondent no.6. whereby the respondent no 6 had declare the petitioner fit for duty under pressure from respondent no.2, 3 and 5 by ignoring medical protocol and rules;
“6. The challenge of the petitioner to his transfer is, therefore, rejected. The petitioner must join his posting on transfer within a week from today. However, this Order will not prejudice the petitioner from making a fresh request to the respondents for the medical examination and for re-consideration of his posting.”
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W.P.(C) 5079/2026
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/04/2026 at 15:43:02
“The orthopaedic surgeon, NRDH/ Delhi, has opined that after going through the medical board findings of employee Sh. Sumit Kumar done at RML hospital, dated 30.04.2025, he is FIT for duty in his original medical category Bee-one.”
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W.P.(C) 5079/2026
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/04/2026 at 15:43:02
passed the following directions: -
“5. The question is whether the petitioner should continue to be posted at Srinagar or the respondents must consider his posting elsewhere because of medical reasons.
6. It has been agreed by the learned counsel for the parties that the representation given by the petitioner for change of posting be decided .by the respondents within a period of four weeks by taking into consideration medical reports including the medical report submitted by the Ram Manohar Lohia Hospital dated 31.01.2026.”
“29. The personal interest of any member of the Force shall always be subordinate to the public interest. Transfer is an incidence of service, and an employee has no vested right to remain at a particular-place. The public interest of upholding the transparency and probity in public life will be adversely affected, if the petitioner is allowed to continue in his present place of posting (Delhi) only to serve his individual interest.
30. Being a member of a uniformed force, the petitioner is expected to adhere to a high standard of discipline, prompt obedience, and readiness to serve at any place as required by the organization. The repeated non-compliance of lawful transfer orders, despite clear judicial findings and medical fitness certification, cannot be justified on any tenable grounds.
31. Upon careful consideration of the entire material on record, the following is observed:
a) The petitioner has been declared medically fit by both the Medical Board of RML Hospital and the competent Railway Medical Authority.
b) No rule, policy, or medical condition justifying exemption from posting to Kashmir Valley has been
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W.P.(C) 5079/2026
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/04/2026 at 15:43:02
established. c) The petitioner has repeatedly failed to comply with lawful transfer orders.
d) The earlier observation regarding joining at “Srinagar” stood corrected by the Hon’ble Court. The petitioner resumed duty on 03.02.2026 at the same place from where he was spared for transfer on 5.12.2024 i..e Dayabasti Reserve Line, New Delhi 32. In compliance with the direction of Hon’ble High Court, after having gone through the objective consideration of the entire matter, including, the medical records placed on file and the applicable statutory provisions and policies governing transfer/service conditions, it is observed that the petitioner has been given adequate opportunity and due consideration at multiple stages. The issue of medical fitness has been conclusively examined and on the basis of report of the medical board of RML hospital, the competent railway medical authority has declared the petitioner fit for duty in his prescribed medical category. Hence, in view of the rules/ guidelines etc and circumstances of the instant case, mentioned above, the request of the petitioner for quashing his transfer order of KV on medical ground is not tenable. The undersigned is of the opinion that the present petition/ representation preferred by petitioner Sumit Kumar in connection with his cancellation of transfer to KV is devoid of merit. hence not considered.”
Page 5 of 6
W.P.(C) 5079/2026
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/04/2026 at 15:43:02
directed compliance of the transfer orders. The Petitioner has not been able to demonstrate any mala fide or that the transfer orders are made in violation of any mandatory statutory rule.
ANIL KSHETARPAL, J
AMIT MAHAJAN, J
APRIL 17, 2026 DU
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W.P.(C) 5079/2026
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/04/2026 at 15:43:02
1 issue framed by the court
Whether the writ court should interfere with a transfer to Kashmir Valley when medical boards have declared the employee fit and no mala fides or violation of statutory rules is shown.
1 provisions across 1 enactments
Sumit Kumar
Union of India
Anil Kshetarpal
Amit Mahajan
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
