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2026 DAILYLAW 11040 (GAU)

GAUTAM MALLA v. THE UNION OF INDIA AND 3 ORS

WP(C)/3695/2026 · 2026-07-20

N Unni Krishnan Nair

Writ Petition (Civil)body2026

Judgment text

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Page No.# 1/3 GAHC010144302026 2026:GAU-AS:10142 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3695/2026 GAUTAM MALLA S/O LT. PARESH MALLA, AGE ABOUT 40 YEARS, R/O VILLAGE AND P.O- KALI KRISHNA NAGAR, P/S- JATRAPUR PIN 799132 VERSUS THE UNION OF INDIA AND 3 ORS TO BE REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF RAILWAYS, RAIL BHAVAN RAISINA ROAD, NEW DELHI, PIN 110001 2:THE DIG (ESTABLISHMENT) RAILWAY BOARD RAIL BHAVAN RAISINA ROAD NEW DELHI PIN-110001 3:THE DIRECTOR GENERAL OF RAILWAY PROTECTION FORCE RAIL BHAVAN RAISINA ROAD NEW DELHI PIN 110001 4:THE PRINCIPAL CHIEF SECURITY COMMISSIONER NORTHEAST FRONTIER RAILWAY MALIGAON GUWAHATI-781011 ASSA Advocate for the Petitioner : MR I RAFIQUE, MRS S A CHOUDHURY,MS A AFREEN,CHONBEN Z YANTHAN Page No.# 2/3 Advocate for the Respondent : DY.S.G.I., BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER 21/07/2026 Heard Mr. I Rafique, learned counsel for the petitioner and Mr. B Kaushik, learned CGC, appearing for the respondents. 2. The petitioner in the present writ petition has presented a challenge to an order dated 03.07.2026, by which, the representation preferred by him against an order of his transfer dated 11.06.2026 came to be rejected. 3. Mr. Rafique, learned counsel for the petitioner, after attempting to argue the matter at some length, has submitted that the petitioner is ready to proceed and join at his transferred place of posting at Katihar East under Katihar Division. However, he submits that the petitioner was spared on 16.06.2026. He further submits that the issue was being litigated before this Court initially in the proceedings of WP(C) No. 3225/2026 and thereafter, in the present writ petition, the petitioner had not joined at his transferred place of posting. He submits that the representation submitted by the petitioner was disposed of only on 03.07.2026. Accordingly, he prays that the respondents be directed to extend the joining time for joining at his transferred place of posting. 4. Mr. Kaushik, learned CGC has fairly submitted that on the said issue, this Court may pass appropriate orders, as may be deemed fit and proper. 5. In view of the submissions of the learned counsel for the petitioner, Page No.# 3/3 without entering into the merit of the case, this Court directs the petitioner to submit an application before the competent authority of the Force, praying for extension of joining time, for joining at transferred place of posting. Such application be preferred by the petitioner, within a period of 1 (one) week from today. 6. In the event of the petitioner preferring such application within a period of 1 (one) week from today, the competent authority of the Force shall consider the same sympathetically and permit the petitioner to join against his transferred place of posting by extending the joining time. 7. With the above observations and directions, the present writ petition stands disposed of. JUDGE Comparing Assistant