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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Ishank Kaushik – Appellant
Versus
Indian Red Cross Society And St. John Ambulance (India), Haryana State Branch – Respondent
JUDGMENT :
HARPREET SINGH BRAR, J.
1. This common judgment shall dispose of both the aforementioned petitions. However, for the sake of brevity, the facts are taken from CWP-9061-2026.
2. This is a Civil Writ Petition under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for setting aside the impugned transfer order dated 17.03.2026 (Annexure P-8), whereby the petitioner has been transferred from District Red Cross Branch, Faridabad to District Red Cross Branch, Ambala with additional charge of District Panchkula, as well as the relieving order dated 19.03.2026 (Annexure P-10). Additionally or in the alternative, a prayer is made for issuance of a writ in the nature of mandamus directing the respondents to allow the petitioner to continue at his present place of posting i.e. Faridabad or at any nearby station commensurate with his cadre and service conditions. Further, a prayer is made for issuance of a writ in the nature of mandamus directing the respondents to consider and decide the representations dated 23.02.2026 and 14.03.2026 (Annexure P-7 colly).
CONTENTIONS
3. Learned counsel for the petitioner inter alia contends that the petit
Writ jurisdiction under Article 226 is not maintainable against a society for service-related disputes where the service conditions are not governed by statutory rules and the relationship is purely ....
The court affirmed that transfer orders are administrative decisions and should not be interfered with unless proven to be arbitrary or in violation of statutory provisions.
The main legal point established in the judgment is that the issue of transfer is a prerogative of the employer, and the courts cannot interfere with transfer orders made on administrative grounds un....
Transfers of employees in public service are generally not subject to judicial review unless proven to be arbitrary or in violation of statutory provisions.
Transfers in private educational institutions are governed by private law, and judicial review is limited to matters involving public law elements.
Judicial review of transfer orders is limited; absence of a defined transfer policy renders such orders arbitrary, necessitating formulation of a policy.
Transfers of office bearers must adhere to statutory guidelines; failure to do so constitutes arbitrariness, violating Articles 14 and 16 of the Constitution.
A petitioner lacks locus standi to challenge a transfer order if no legal right is infringed, necessitating a direct personal grievance for maintaining a writ petition.
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