Disposed¶21

Sunil Kumar Sharma & Ors. v. Union of India & Ors.

Delhi HC6 Jul 2026W.P.(C)/8782/2026

Case brief

AI extract

What is this about?

RPF transfer challenge; Railway Protection Force; Directive No. 58 (Revised); clauses D(xxx) to D(xxxiii); transfer guidelines not scrupulously followed; transfer is an incident of service; administrative exigency; Directives not statutorily binding; petition treated as representation; written order within four weeks; postings as per choice; W.P.(C) 8782/2026; Delhi High Court; Nitin Wasudeo Sambre and Amit Sharma, JJ.; decided 06.07.2026.

What did the court decide?

Petition disposed of by directing the respondents to treat it as a Representation, consider the requests in light of Directive No. 58 (Revised) and the choices furnished, and communicate a written order within four weeks; pending applications also disposed of. ¶21

Sunil Kumar Sharma & Ors. Vs Union of India & Ors. — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶21

Issue for consideration

Whether the transfers of the petitioner RPF personnel, ordered beyond the scope of the choices furnished by them, comply with clauses D(xxx) to D(xxxiii) of Directive No. 58 (Revised) governing transfers.

¶13

Court's answer

Transfer is an incident of service, and the staff of the Central Forces are deployed having regard to administrative exigency.

¶18

Ratio / Principle

Having regard to the submissions and the language of clauses D(xxx) to D(xxxiii) of Directive No. 58 (Revised), the respondents are directed to treat the present petition as a Representation.

¶19

Key takeaways

The Directives (Directive No. 58 (Revised)) were perhaps framed only to eliminate complete arbitrariness and may not have statutory binding force or be mandatory in nature.obiter¶18
The respondents shall deal with the petitioners' requests in the light of the Directives, particularly the choices furnished by the personnel, and communicate a written order to the petitioners within four weeks.ratio¶20

Detailed headnote1 paragraphs

Delhi High Court (Sambre & Sharma, JJ.) disposed of a writ petition by Railway Protection Force personnel challenging their transfers for non-compliance with clauses D(xxx) to D(xxxiii) of Directive No. 58 (Revised) on transfers. Observing that transfer is an incident of service, that Central Forces staff are deployed on administrative exigency, and that the Directives may lack statutory binding force, the Court, in view of the respondents' statement that representations could be considered, directed that the petition be treated as a Representation, to be dealt with in light of the Directives and the choices furnished, with a written order to be communicated within four weeks. Pending applications disposed of.

¶1

$~75

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- W.P.(C) 8782/2026 & CM APPL. 41193/2026, CM APPL. 41194/2026

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SUNIL KUMAR SHARMA & ORS. .....Petitioners

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Through: Ms. Nisha Tiwari, Advocate

¶6

versus

¶7

UNION OF INDIA & ORS. .....Respondents Through: Mr. Balendu Shekhar, CGSC with Mr. Krishna Chaitanya and Mr. Divyansh Singh Dev, Advocates for R-1/UOI

¶8

Mr. Balendu Shekhar, CGSC with Mr. Akash Chandrayan, GP for R-1 to R-4

¶9

CORAM:

¶10

HON'BLE MR. JUSTICE NITIN WASUDEO SAMBRE HON'BLE MR. JUSTICE AMIT SHARMA

¶11

O R D E R % 06.07.2026

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All these petitioners are members of the Railway Protection Force.

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Their respective transfers are assailed in the present petition on the ground that the guidelines framed by the respondents in the matter of effecting transfers are not scrupulously followed.

¶14

Drawing support from clauses D(xxx) to D(xxxiii) of Directive No.

¶15

This is a digitally signed order.

¶16

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 09/07/2026 at 11:05:05

¶17

58 (Revised), which deals with the transfer of the personnel like the petitioners, it is contended that the same creates a positive right in their favour for postings be made as per their choice.

¶18

According to counsel for the petitioners, the postings are ordered beyond the scope of the choices furnished by the petitioners, and as such, the Directives are not being complied with in its true letter and spirit. 5. The fact remains that the transfer is an incident of service. The staff of the Central Forces are deployed having regard to administrative exigency. It is only with an intention to eliminate complete arbitrariness that perhaps the Directives are framed, which might not have a statutory binding force and mandatory in nature.

¶19

As against above, the counsel for the respondents states that the representations, if so preferred by the petitioners, can be considered in the light of the terms of the Directive expeditiously. 7. Having regard to the submissions made by counsel for the petitioners referred to hereinabove, and in view of the language employed in the Directives referred to above viz. clauses D(xxx) to D(xxxiii) in Directive No. 58 (Revised), it will be appropriate, in our opinion, to direct the respondents to treat the present petition of the petitioners as a Representation.

¶20

The respondents shall deal with the requests raised by the petitioners in the present petition in the light of the Directives referred to above, particularly in the matter of the choices furnished by the personnel like the present petitioners to be considered and let the written order be communicated to the petitioners, in any case, within a period of four weeks from today.

¶21

With above observation, the present petition stands disposed of.

¶22

This is a digitally signed order.

¶23

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 09/07/2026 at 11:05:05

¶24

Pending applications also stand disposed of.

¶25

NITIN WASUDEO SAMBRE, J

¶26

AMIT SHARMA, J

¶27

JULY 6, 2026 /pr

¶28

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 09/07/2026 at 11:05:05

Sunil Kumar Sharma & Ors. v. Union of India & Ors.

Case brief

What is this about?

What did the court decide?

Sunil Kumar Sharma & Ors. v. Union of India & Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

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