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* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 02.04.2026 Judgment pronounced on: 08.04.2026 Judgment uploaded on: 08.04.2026 + W.P.(C) 3688/2026 and CM APPL. 17967/2026 SHASHIKANT SAINI .....Petitioner Through: Mr. Abhay Kumar Bhargava, Mr. Satyaarth Sinha, Mr. Sanchit Kumar, Mr. Ajinkya Dhalwade, Advs.

versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Syed Abdul Haseeb, CGSC along with Mr. Muhammad Aamir Khan and Ms. Nasreen Khatoon, Advs. for UOI with Mr. Ajay Pal, Law Officer and Insp. Athurv and Mr.

Ramniwas Yadav – CRPF.

CORAM:

HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE AMIT MAHAJAN

J U D G M E N T

ANIL KSHETARPAL, J.:

1. The Petitioner has invoked the extraordinary writ jurisdiction of this Court under Article 226 of the Constitution of India, praying for issuance of a writ of certiorari for quashing of the transfer order dated 18.03.2026 [hereinafter referred to as ‘Impugned Order’], whereby he has been transferred from Composite Hospital, Pune to CH Avadi, State of Tamil Nadu.

2. The Petitioner is presently serving as a Constable KS (Hospital) in the Central Reserve Police Force [hereinafter referred to as ‘CRPF’], a paramilitary force under the Union of India. The challenge to the Impugned Order is founded on two principal grounds:

i. That the transfer is punitive in nature; and ii. That the Petitioner has been prematurely transferred after serving for a period of approximately 01 year and 08 months at Pune, whereas, according to him, the normal tenure at a particular station is about 3 to 4 years.

FACTUAL MATRIX

3. In order to appreciate the controversy involved in the present Petition, the relevant facts, in brief, are required to be noticed.

4. The Petitioner was posted at Composite Hospital, CRPF, Pune on 22.06.2024 and, as on the date of issuance of the Impugned Order, had served at the said station for a period of approximately 1 year and 8 months. Thereafter, on 02.02.2026, the Petitioner submitted a complaint before the National Human Rights Commission [‘NHRC’], inter alia alleging that he was being compelled to perform domestic duties and, upon his refusal, was subjected to mental harassment by his superior officers.

5. The NHRC, upon consideration of the said complaint, passed an order directing the concerned authorities to take appropriate action within a period of eight weeks, after associating the Petitioner, and to inform the Commission regarding the action taken.

6. It is the case of the Petitioner that, subsequent to the aforesaid complaint, he was issued a communication dated 28.02.2026 calling upon him to furnish a written explanation with regard to the duties performed by him. Thereafter, vide communication dated 04.03.2026, the Petitioner was directed to appear before the office of the DIG, Range Office, Pune on 06.03.2026 for the purposes of recording of his statement in connection with a preliminary enquiry.

7. Subsequently, the Impugned Order came to be issued by the Respondents, whereby the Petitioner has been transferred from Composite Hospital, Pune to CH Avadi, State of Tamil Nadu. The Petitioner is stated to have submitted a representation against the aforesaid transfer; however, no decision thereon has been communicated to him.

CONTENTIONS OF THE PARTIES

8. Contentions of the Petitioner

8.1 Learned counsel appearing on behalf of the Petitioner reiterated that the Impugned Order is not a routine administrative order, but is punitive in nature. It was contended that the Petitioner had submitted a complaint dated 02.02.2026 before the NHRC, alleging that he was being compelled to perform domestic chores and, upon his refusal, was subjected to mental harassment by his superior officers. It was submitted that the NHRC, upon consideration of the said complaint, directed the concerned authorities to take appropriate action within a period of eight weeks, after associating the Petitioner, and to inform the Commission regarding the action taken.

8.2 It was further submitte