Research › Search › Judgment

High Court of Delhi · body

2026 DAILYLAW 11747 (DEL)

YOGESHWAR SHARMA & ORS. v. UNION OF INDIA

W.P.(C)/9198/2026 · 2026-07-13

Sanjeev Narula

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~88 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9198/2026 & CM APPL. 43153/2026 YOGESHWAR SHARMA & ORS. .....Petitioners Through: Ms. Nisha Bhaskar and Mr. Kanishka Pandey, Advocates. versus UNION OF INDIA .....Respondent Through: Mr. Farman Ali, CGSC with Ms. Usha Jamnal and Ms. Tanya Choudhary, Advocates. CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA O R D E R % 13.07.2026 1. This writ petition seeks the following reliefs: “Issue an appropriate writ including a writ of Certiorari for quashing and setting aside the Revised Posting Policy of Group ‘A’ Officers 2017 dated 19.04.2017, as being arbitrary, illegal, and contrary to the established DOPT guidelines; Issue a writ of Certiorari and/or any other appropriate writ, order, or direction, for quashing the office order dated 18.06.2024, and its addendum dated 04.03.2025 superseding the earlier policy of Group ‘A’ officer dated 25.11.2009 and set aside any consequences arising out of these contested administrative orders by declaring it ultra vires Issue a writ of Mandamus and/or any other appropriate writ, order, or direction, directing the Respondents to not act in excess of the delegated powers as by the CSD through GM, JGM, DGM, AGM, Manager and others who are civil servants or on deputation to the CSD and mandating that any future order passed is in compliance with the Recruitment Rules and the Transaction of Business Rules Issue a writ of Mandamus and/or any other appropriate writ, order, or direction, directing the Respondents to limit the powers relating to the 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 14/07/2026 at 11:40:52 transfer, posting, and placement of Group 'A' in compliance with the Shri T.S.R. Subramanian judgment by constitution of an inclusive body akin to CSB having representation from the SC/ST and OBC members.” 2. At the outset, counsel for the Respondents has raised a preliminary objection as to the maintainability of the present petition, contending that the grievances sought to be raised herein pertain to the service conditions of officers serving under the Central Bureau of Investigation, which functions under the Ministry of Personnel, Public Grievances and Pensions, and are, therefore, amenable to the jurisdiction of the Central Administrative Tribunal under the Administrative Tribunals Act, 1985. It is submitted that, in view of the law laid down by the Supreme Court in L. Chandra Kumar v. Union of India & Ors.,1 the present writ petition is not maintainable. 3. In the opinion of the Court, the preliminary objection raised by counsel for the Respondents merits acceptance. The grievances raised in the present petition pertain to service matters falling within the jurisdiction of the Central Administrative Tribunal. Consequently, the Petitioners are required to avail the statutory remedy before the Tribunal, which has the jurisdiction to adjudicate such disputes in the first instance. 4. Accordingly, without entering into the merits of the controversy, the present petition is dismissed in view of the law laid down by the Supreme Court in L. Chandra Kumar, while reserving liberty in favour of the Petitioners to agitate their grievances before the Central Administrative Tribunal, in accordance with law. 5. The Court has not commented on the merits of the case. All rights and contentions of the parties are left open. 1 (1997) 3 SCC 261. 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 14/07/2026 at 11:40:52 6. Dismissed along with any pending applications. SANJEEV NARULA, J JULY 13, 2026/hc 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 14/07/2026 at 11:40:52