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[2026:RJ-JD:23191]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 12556/2025

Manish Bishnoi S/o Shri Bhenpa Ram Bishnoi, Aged About 36

Years, Working As A Sepoy (Int) Posted At 879 Intelligence And

Fs Unit, Pin 904987 C/o 56 Apo At Jodhpur (Raj.).

----Petitioner

Versus

1. Union Of India, Through Secretary, Dma Ministry Of

Defence, Dhq Po New Delhi-11

2. The Chief Of Army Staff, Ihq Of Mod (Army), Dhq Po New

Delhi- 110011.

3. Intelligence And Fs Group/mi-21, Gs Branch, Ihq Of Mod

(Army) Dhq Po New Delhi- 110011.

4. Records Office, Intelligence Corps, Pin 908793 C/o 56

Apo.

5. 879 Intelligence And FS Unit, Pin 904987 C/o 56 Apo.

----Respondents

For Petitioner(s) : Mr. Dharmpal Singh Dhaka

For Respondent(s) : Mr. B.P. Bohra, Sr. CGSC assisted by

Ms. Devyanshi Tanvi

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

14/05/2026

1. By way of filing the present writ petition, the petitioner has

prayed for the following reliefs:-

“It is, therefore, most humbly and respectfully prayed

that by an appropriate writ order or direction your lordship

may kindly be pleased to accept and allow this writ petition

and the order impugned dated 26.06.2025 (Annx-5) issued

by the respondent no. 4 may kindly be quashed and set aside

and the respondents may kindly be directed to cancel and

screen at present location of posting at Jodhpur till

completion of his 9 months remaining service so that he can

regularly appear before the Trial Court from time to time as

and when date is fixed for hearing.

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Any other appropriate writ order or directions which

this Hon'ble court may deem just and proper in the facts and

circumstances of this case may kindly also be passed in favor

of the humble petitioner.”

2. Having heard learned counsel for the parties and upon

perusal of the material available on record, this Court finds that, in

the present writ petition, stay of the impugned posting order

dated 26.06.2025 (Annexure-5), issued by respondent No.4, was

granted by this Court after considering the submissions made on

behalf of the petitioner that he is facing criminal trial for offences

under Sections 147, 148, 341, 307, 332, 353 and 302 of the IPC

as well as Section 3(2)(v) of the SC/ST Act before the competent

Criminal Court at Jodhpur and, therefore, his transfer at this

juncture would cause him great hardship as he is required to

attend court proceedings on each and every date of hearing. It

was further submitted before this Court that the petitioner was

due for discharge from service in the year 2026 and, therefore, no

fruitful purpose would be served by transferring him at this stage.

3. Today, when the matter was taken up, learned counsel for

the respondents informed the Court that the petitioner is actually

due for discharge from service on 31.03.2029 and further, under

the applicable rules/policy, his services may further be extended

by two years on the recommendation of the Screening Board. It

was also informed that the petitioner has not submitted any

application seeking voluntary discharge from service till date,

which alone could have made him eligible for discharge during the

present year.

4. Learned counsel for the respondents further informed this

Court that a Coordinate Bench of this Court, in the case of

“Vishana Ram vs. Union of India & Ors.” decided on

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14.07.2025, has held that a person cannot claim any special

advantage regarding posting at a particular place merely because

he is facing a criminal trial.

5. In view of the aforesaid and keeping in mind the law laid

down by the Coordinate Bench of this Court in Vishana Ram

(supra), this Court finds no merit in the present writ petition and

the same is accordingly dismissed as being devoid of merit.

6. The stay application also stands dismissed.

(KULDEEP MATHUR),J

240-Dinesh