Diganta Kumar Gogoi v. the Union of India and 4 Ors.
Case brief
What is this about?
Judicial review of public servant transfer orders; Gauhati High Court DB (Ashutosh Kumar, C.J. and Arun Dev Choudhury, J.), 06-01-2026, WP(C)/6263/2025, Diganta Kumar Gogoi v. Union of India / Controller General of Defence Accounts. Upholds CAT Guwahati Bench order dated 26.09.2025 in O.A. No.040/00006/2025 refusing to interfere with Defence Accounts officer's transfer dated 16.10.2024 from Senior Deputy IFA (AF), 10 Wing (AF), Jorhat to PCDA (Pensions), Prayagraj. Grounds rejected: wife's employment at Jorhat; mother's general anxiety disorder falling short of Benchmark Disability (Rights of Persons with Disabilities Act, 2016); incomplete three-year tenure versus transfer policy; exemption claim under Office Memorandum dated 08.10.2018 and Transfer Policy dated 31.01.2024; SAO age-56 exemption inapplicable. Relies on Union of India v. S.L. Abbas (1993) 4 SCC 357 and Shilpi Bose v. State of Bihar (1991) Supp. 2 SCC 659 — no interference absent mala fides or statutory infraction. Writ petition dismissed, no costs.