BSF employee challenged his transfer to Assam, citing his wife's chronic ear ailment requiring treatment in Delhi. The court held transfer is an incident of service, judicial review being confined to mala fides, statutory violation or arbitrariness, and dismissed the petition.
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$~65
SURESH KUMAR .....Petitioner Through: Ms. Mandavi Tripathi, Mr Sunjeet Mishra, Mr Kunal Shahi, Mr. Chandan, Ms Mansi Singh, Ms Hema Kumari, Ms Shivani & Mr Anurag Kumar, Advs.
versus
UNION OF INDIA AND ORS .....Respondents Through: Mr. Neeraj (SPC), Mr. Soumyadip Chakraborty, Mr. Jitendra Kumar Mishra (BSF) for UOI.
CORAM:
HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE AMIT MAHAJAN
O R D E R % 14.05.2026
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 16/05/2026 at 12:52:58
treated in any hospital of the country having EN&T OPD.
ANIL KSHETARPAL, J
AMIT MAHAJAN, J
MAY 14, 2026 “SK”
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 16/05/2026 at 12:52:58
1 issue framed by the court
Whether the petitioner's transfer order dated 03.02.2026 was liable to be interfered with on grounds of his wife's medical condition.
Suresh Kumar
Union of India and Ors
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
