IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

111(5 CASES)

DECIDED ON: 12.11.2025 CWP-28208-2025 (O&M)

ASHISH KUMAR ….PETITIONER(S)

VERSUS STATE OF HARYANA AND OTHERS ….RESPONDENT(S)

CWP-28210-2025 (O&M)

RAMJESH YADAV ….PETITIONER(S)

VERSUS STATE OF HARYANA AND OTHERS ….RESPONDENT(S)

CWP-28212-2025 (O&M)

ANJU ….PETITIONER(S)

VERSUS STATE OF HARYANA AND OTHERS ….RESPONDENT(S)

CWP-28292-2025 (O&M)

JAGBIR SINGH ….PETITIONER(S)

VERSUS STATE OF HARYANA AND OTHERS ….RESPONDENT(S)

CWP-28293-2025 (O&M)

VIJENDER KUMAR ….PETITIONER(S)

VERSUS STATE OF HARYANA AND OTHERS ….RESPONDENT(S)

CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. Sandeep Sharma, Advocate, Mr. Rohan Moudgil, Advocate, Ms. Gitanjali Sharma, Advocate for the petitioners in CWP-28210-2025 and CWP-28212-2025 Mr. Sunil K. Nehra, Sr. Advocate with Mr. Karan Ranjha, Advocate for the petitioner in CWP-28208-2025, 28293-2025 and 28292-2025 Mr. Deepak Balyan, Addl. AG Haryana.

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SANDEEP MOUDGIL, J (ORAL)

Vide this common order this Court shall dispose of above said five petitions as common question of law and similar facts are involved therein.

For the sake of convenience, the facts are being taken from CWP-

28208-2025.

1. Relief Sought:

The present petition has been filed under Articles 226/227 of the Constitution of India seeking issuance of a writ in the nature of certiorari for setting aside the impugned order dated 17.09.2025 (P-5) qua the petitioner vide which the petitioner has been transferred from RTA Office, Narnaul to Transport Commissioner Office (Head Office) at Chandigarh within a period of 05 months contrary to Policy dated 01.06.2022 (P-1) and Policy dated 17.02.2025 (P-3).

2. Brief Facts:

The petitioner is presently working as a Transport Sub-Inspector in the office of RTA Mahendergarh (Secretary RTA, Narnaul), where he was posted vide order dated 25.04.2025 (Annexure P-4). Prior to his posting at Narnaul, the petitioner was serving at the Transport Commissioner Office (Head Office), Chandigarh. His transfer to RTA Narnaul in April 2025 was made in accordance with the prevailing transfer policy. The respondents have now issued an impugned transfer order dated 17.09.2025 (Annexure P-5), transferring the petitioner back to the Transport Commissioner Office, Chandigarh, within a short span of five months, without assigning any reason. The said transfer is in direct violation of the Transfer Policy dated 01.06.2022 (Annexure P-1) and Policy dated 17.02.2025 (Annexure P-3), both of which mandate that: Transfers should not ordinarily be made within a short period unless there are compelling reasons; and Reasons must be recorded in the transfer order. The petitioner’s family circumstances are extremely compelling: His father is a heart patient who has undergone three heart surgeries, and requires daily care. His mother is suffering from rheumatoid arthritis. The respondents have also directed the petitioner to join immediately without permitting joining time, further demonstrating arbitrariness and mala fide intent.

3. Contentions On behalf of petitioner:

That the impugned transfer order dated 17.09.2025 is wholly arbitrary, malafide and violative of the clause 5 (1) of Government’s Transfer Policies dated 01.06.2022 and 17.02.2025, inasmuch as the petitioner has been shifted within an unduly short period of five months from his posting at RTA Narnaul without assigning any reason, despite the mandate in the policies that transfers must be reasoned and ordinarily not effected within such a short tenure. The respondents have failed to record any exigency, administrative requirement or misconduct warranting such a premature relocation, thereby rendering the order non-speaking and unsustainable in law.

On behalf of Respondents Per contra learned counsel appearing on behalf of respondents would argue that the transfer of the petitioner dated 17.09.2025 is strictly in accordance with the Transfer Policy dated 01.06.2022 (Annexure -P-1) and Model Online Transfer Policy dated 23.05.20