ABHISHEK MITTAL v. NATIONAL AUTOMOTIVE BOARD & ANR.
W.P.(C)/5569/2026 · 2026-09-17
Sanjeev Narula
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 19010 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 19010 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010175762026 + W.P.(C) 5569/2026, CM APPL. 27135/2026, CM APPL. 63763/2026
ABHISHEK MITTAL
.....Petitioner
Through: Appearance not given.
versus
NATIONAL AUTOMOTIVE BOARD & ANR. .....Respondents Through: Mr. Amish Tandon, Ms. Ria Dhawan and Ms. Harshita Raj, Advocates for R-1, 2.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
O R D E R %
17.09.2026 CM APPL. 63409/2026 (delay in filing the counter affidavit)
1. For the grounds and reasons stated in the application, the same is allowed and the delay in filing the counter affidavit is condoned. The counter affidavit be taken on record. 2. The application is disposed of. W.P.(C) 5569/2026
3. The present writ petition has been filed by the Petitioner, a Deputy Manager with the International Centre for Automotive Technology1, Manesar, challenging the transfer order dated 1st April, 2026 whereby he was sought to be transferred to NIAIMT, Silchar. The challenge is premised principally on the ground of lack of competence of Respondent No. 2 to 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 21/09/2026 at 11:41:35
effect the said transfer, apart from allegations of mala fides and absence of a sanctioned post at the transferred station. 4. During the pendency of the present petition, certain administrative decisions were taken by the Respondents with regard to delegation of administrative powers relating, inter alia, to transfer, deputation and posting of employees of the National Automotive Board2 in its testing centres. Pursuant thereto, the Respondents, vide office order dated 6th July, 2026, withdrew the transfer order dated 1st April, 2026, which is the subject matter of challenge in the present petition. The said office order has been placed on record along with the counter affidavit. 5. In view of the withdrawal of the impugned transfer order, the relief sought in the present petition no longer survives for consideration and the petition has consequently been rendered infructuous. It is, however, noted that the Respondents have subsequently issued another transfer order dated 2nd September, 2026, whereby the Petitioner has again been sought to be transferred to NIAIMT, Silchar. The Petitioner has expressed his grievance against the said order and has also filed an application seeking stay thereof. 6. In view of the withdrawal of the impugned transfer order, no cause survives for adjudication in the present petition. The question of competence raised by the Petitioner in respect of the transfer order dated 1st April, 2026, therefore, need not be examined.
The subsequent transfer order dated 2nd September, 2026 is a distinct order and its validity, including the issue of competence, cannot be examined in the present proceedings. 7. The Petitioner shall be at liberty to challenge the subsequent transfer
1 “ICAT” 2 “NAB” 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 21/09/2026 at 11:41:35
order dated 2nd September, 2026, if so advised, by way of appropriate proceedings in accordance with law. All questions, including the effect of the subsequent decision of the Governing Council dated 23rd June, 2026, are left open. No opinion is expressed.
8. The present petition is, accordingly, dismissed as having been rendered infructuous, along with all pending applications.
SANJEEV NARULA, J SEPTEMBER 17, 2026 nk
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 21/09/2026 at 11:41:35