TUSHAR K KHANDE v. UNION OF INDIA THE GENERAL MANAGER CENTRAL RAILWAY AND ROS
WP/12577/2026 · 2026-09-28
body2026
DailyLaw.ai
[ 2026 DAILYLAW 12196 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 12196 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
39-WP-12577-2026 (C).doc Mayur IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12577 OF 2026 Tushar K Khande ...Petitioner Versus Union Of India The General Manager Central Railway And Ors
...Respondents ... Adv. Vicky Nagrani, for the Petitioner. Adv. Suresh Kumar, for the Respondent Nos. 1 and 2. ... CORAM : MAHESH CHANDRA TRIPATHI, CJ. & ADVAIT M. SETHNA, J.
DATE : 28th SEPTEMBER, 2026. P.C.:
1. The instant writ petition, inter alia, is filed for the following substantive reliefs :-
“a. call for the records and proceedings of Original Application No.714 of 2026 from the learned Central Administrative Tribunal, Mumbai, and after examining the legality and propriety thereof, be pleased to issue a writ of certiorari, or a writ in the nature of certiorari, or any other appropriate writ, order or direction, thereby quashing and setting aside the judgment and order dated 10.09.2026 passed by the learned Central Administrative Tribunal, Mumbai in Original Application No.714 of 2026; b. pending the hearing and final disposal of the present Petition and/or Original Application No.714 of 2026, be pleased to stay the operation, implementation and execution of the transfer order dated 28.08.2026 insofar as it concerns the Petitioner; 1/3 MAYUR KONDIRAM ADANE Digitally signed by MAYUR KONDIRAM ADANE Date: 2026.09.29 14:08:48 +0530
39-WP-12577-2026 (C).doc c. pending the hearing and final disposal of the present Petition and/or Original Application No.714 of 2026, be pleased to direct the Respondents not to relieve the Petitioner from Mumbai Division and to permit him to continue as Law Officer at Mumbai; d. In the alternative, be pleased to direct the Respondents to maintain status quo with regard to the Petitioner's posting at Mumbai until the final adjudication of Original Application No.714 of 2026.”
2. After substantial arguments, we have expressed our disinclination to entertain the instant Writ Petition in view of the fact that the Petitioner's prayer for interim relief in terms of staying the effect and operation of the Impugned Transfer Order dated 28th August 2026 was rejected by the Central Administrative Tribunal, Mumbai, (“Tribunal” for short) vide order dated 10th September
2026. 3. At this stage, Mr. Vicky Nagrani, learned counsel for the Petitioner fairly submits that the Petitioner has already reported to the transferred place of posting under protest, and the Original Application No. 714 of 2026 is scheduled to be listed on 22nd October 2026, before the Tribunal.
4. Accordingly, he prays for liberty to raise all the grounds before the Tribunal as have been raised before this Court. 5. Suffice it to observe that it shall be open to the Petitioner to raise all grounds raised before the Tribunal at the stage of final hearing of the Original Application No.714 of 2026 on 22nd October 2/3
39-WP-12577-2026 (C).doc
2026. The Tribunal is requested to endeavor to decide the Original Application No. 714 of 2026 expeditiously depending on its roster. 6. It is made clear that this Court has not expressed any opinion on the merits of the matter. 7. With the aforesaid leave, the instant Writ Petition stands dismissed. [ADVAIT M. SETHNA, J.] [CHIEF JUSTICE] 3/3