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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SANDEEP MOUDGIL
Gurjit Singh – Appellant
Versus
Uniion Of India – Respondent
JUDGMENT :
SANDEEP MOUDGIL, J.
Prayer
1. The jurisdiction of this court has been invoked under Article 226 of Constitution of India seeking quashing of impugned order dated 14.08.2025 (Annexure P-14) whereby the representation of the petitioner regarding transfer from Chandigarh to Hisar which was claimed to be against the rules/instructions/policies has been rejected by passing a non speaking order.
The Conspectus of Facts
2. The petitioner is a Constable (GD) in the Central Industrial Security Force (CISF), having joined service on 05.07.2009 as a Trainee at RCC Bhilai, Chhattisgarh. During the course of his service, he has been posted at various units across the country in accordance with applicable policy and was posted at CISF Unit, Punjab & Haryana Civil Secretariat (P&HCS), Chandigarh w.e.f. 24.06.2021.
3. The petitioner was married on 31.01.2021 and his wife, Smt. Mandeep Kaur, is employed as a Clerk in the office of the Director, Colonization Department, Government of Punjab, at Punjab Mandi Bhawan, Sector 65-A, S.A.S. Nagar (Mohali). The petitioner claims his case to be covered under the Government of India and CISF instructions relating to “couple cases”.
4. Vide order dated 2
The main legal point established in the judgment is that unless a transfer order is vitiated by malafides or made in violation of statutory provisions, the court cannot interfere with it.
The main legal point established in the judgment is that transfer orders based on administrative exigencies are generally not subject to interference by the courts, and employees have the option to a....
Transfers in uniformed services are treated as administrative matters, with courts exercising restraint unless clear violations of law or bad faith are shown.
Transfers within service are at discretion of authorities based on administrative needs, not strictly bound by service tenure guidelines.
Transfer policies overridden by public interest and administrative exigency; spouse posting not absolute right.
Transfers of government employees cannot be interfered with unless proven to be mala fide or in violation of statutory provisions; administrative exigencies govern such decisions.
The main legal point established in the judgment is the court's directive to the respondent to consider and decide the petitioner's representation with a reasoned order within a specified timeframe.
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