SUNIL KUMAR SHARMA & ORS. v. UNION OF INDIA & ORS.
W.P.(C)/8782/2026 · 2026-07-06
Amit Sharma, Nitin Wasudeo Sambre
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 11304 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 11304 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~75 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8782/2026 & CM APPL. 41193/2026, CM APPL. 41194/2026 SUNIL KUMAR SHARMA & ORS. .....Petitioners Through: Ms. Nisha Tiwari, Advocate versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Balendu Shekhar, CGSC with Mr. Krishna Chaitanya and Mr. Divyansh Singh Dev, Advocates for R-1/UOI Mr. Balendu Shekhar, CGSC with Mr. Akash Chandrayan, GP for R-1 to R-4 CORAM:
HON'BLE MR. JUSTICE NITIN WASUDEO SAMBRE HON'BLE MR. JUSTICE AMIT SHARMA O R D E R %
06.07.2026
1. All these petitioners are members of the Railway Protection Force. 2. Their respective transfers are assailed in the present petition on the ground that the guidelines framed by the respondents in the matter of effecting transfers are not scrupulously followed. 3. Drawing support from clauses D(xxx) to D(xxxiii) of Directive No. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/07/2026 at 11:05:05
58 (Revised), which deals with the transfer of the personnel like the petitioners, it is contended that the same creates a positive right in their favour for postings be made as per their choice. 4. According to counsel for the petitioners, the postings are ordered beyond the scope of the choices furnished by the petitioners, and as such, the Directives are not being complied with in its true letter and spirit. 5. The fact remains that the transfer is an incident of service. The staff of the Central Forces are deployed having regard to administrative exigency. It is only with an intention to eliminate complete arbitrariness that perhaps the Directives are framed, which might not have a statutory binding force and mandatory in nature. 6. As against above, the counsel for the respondents states that the representations, if so preferred by the petitioners, can be considered in the light of the terms of the Directive expeditiously. 7. Having regard to the submissions made by counsel for the petitioners referred to hereinabove, and in view of the language employed in the Directives referred to above viz. clauses D(xxx) to D(xxxiii) in Directive No. 58 (Revised), it will be appropriate, in our opinion, to direct the respondents to treat the present petition of the petitioners as a Representation. 8.
The respondents shall deal with the requests raised by the petitioners in the present petition in the light of the Directives referred to above, particularly in the matter of the choices furnished by the personnel like the present petitioners to be considered and let the written order be communicated to the petitioners, in any case, within a period of four weeks from today. 9. With above observation, the present petition stands disposed of. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/07/2026 at 11:05:05
10. Pending applications also stand disposed of. NITIN WASUDEO SAMBRE, J AMIT SHARMA, J JULY 6, 2026/pr This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/07/2026 at 11:05:05