INSP/MIN Rajkishor Tiwari v. Union of India & Ors.

1. This petition has been filed with the following prayers:-

2. This petition has been filed by the petitioner challenging the order dated 07.01.2026 whereby the petitioner has been transferred from the unit of DIG BPL to the North East Zone. In other words, he has been transferred from Bhopal to the North East Zone. The petitioner also lays a challenge to the order dated 20.02.2026 whereby the representation of the petitioner about the transfer order has been rejected.

3. One of the grounds of challenge to the transfer order is that the circular dated 31.03.2022 mandates that all personnel, on transfer, shall be given an opportunity to compulsorily fill the prescribed number of choices through the SAMBHAV App/SANTOS Portal before the transfer is effected.

4. According to Mr. Abhay Kumar Bhargava, learned counsel for the petitioner NEZ/Guwahati was neither an eligible unit nor part of his 25 choice units, as such the petitioner could not have been transferred outside the Santos list.

5. We are unable to accept this submission made by Mr. Bhargava. This we say so, for the reason that the petitioner in his service career has remained posted in and around Bhopal (his home town), with effect from 2005 i.e., for the last twenty one years and the same is clear from page 27 of the paper book which is a chart showing the posting of the petitioner, which we reproduce as under: Sl No Unit Unit Cate gory Theatre Area Type Duty Location Rank Tfr Type From Date To Date Ye ar Mont h Da y 1 GC- NGR/ HQ D Other STATIC(S) NAGPUR, State: Maharashtra ASI MIN OTHER 13/02/1995 12/10/1997 2 8 5 2 107 RAF/H Q D Other FIELD(H) BHOAPL, State: MADHYA PRADESH ASI MIN OTHER 13/10/1997 16/07/2002 4 9 11 3 001- BN/H Q C North East FIELD(H) JIRANIA, State: TRIPURA ASI MIN OTHER 17/07/2002 30/06/2004 1 11 21 4 001- BN/H Q C North East FIELD(H) KHUMLANG, State: TRIPURA ASI MIN OTHER 01/07/2004 05/05/2005 0 10 9 5 001- BN/H Q C Jammu and Kashm ir FIELD(H) SRINAGAR, State: JAMMU AND KASHMIR (UT)

ASI MIN OTHER 06/05/2005 13/07/2005 0 2 9 6 GC- NMH/ HQ D Other STATIC(S) NEEMUCH, State: MADHYA PRADESH ASI MIN OTHER 14/07/2005 19/01/2009 3 6 13 7 GC- BPL/H Q D Other STATIC(S) BHOPAL, State: MADHYA PRADESH ASI MIN (20/01/20 09 to 27/04/20 10), SI MIN (28/04/20 10 to 08/10/20 12) POSTIN G 20/01/2009 08/10/2012 3 8 25 8 CTC- GWL/ HQ D Other STATIC(S) PANIHAR GWALIOR, State: MADHYA PRADESH SI MIN POSTIN G 09/10/2012 25/12/2013 1 2 19 9 123·B N/HQ. B LWE FIELD(H) BAIAGHAT, State: MADHYA G 26/12/2013 20/06/2016 2 6 0 PRADESH 10 GC- LKW/ HQ D Other STATIC(S) LUCKNOW, State: UTTAR PRADESH G 21/06/2016 24/05/2017 0 11 8 11 GC- LKW/ HQ (Attach ed with DTE- GEN) D Other STATIC(S) CGO COMPLEX NEW DELHI, State: NCT OF DELHI SI MIN ATTAC HMENT 25/05/2017 13/07/2018 1 1 21 12 GC- LKW/ HQ D Other STATIC(S) LUCKNOW, State: UTTAR PRADESH G 14/07/2018 24/07/2018 0 0 11 13 DTE- GEN/H Q COMPLEX State: NCT OF DELHI SI MIN SCT 25/07/2018 07/10/2022 4 2 19 14 GC- BPL/H Q State: MADHYA PRADESH SI MIN TEN- COMPL ETE 08/10/2022 04/12/2022 0 1 28 15 GC- BPL/H Q DTE- GEN) COMPLEX State: NCT OF DELHI HMENT 05/12/2022 11/04/2023 0 4 8 16 GC- BPL/H Q State: MADHYA PRADESH SI MIN TEN- COMPL ETE 12/04/2023 03/11/2023 0 6 26 17 GC- BPL/H Q DTE- GEN) COMPLEX State: NCT OF DELHI HMENT 04/11/2023 31/03/2024 0 4 29 18 GC- BPL/H Q State: MADHYA PRADESH SI MIN (01/04/20 24 to 08/05/20 25), INSP MIN (09/05/20 25 to 06/07/20 25)

TEN- COMPL ETE 01/04/2024 06/07/2025 1 3 8 19 DIG- BPl/H Q State: MADHYA PRADESH INSP MIN OTHERS 07/07/20?5 20/03/2026 0 8 17

6. There is no denial to the fact that the petitioner is holding a post having all India transfer liability.

7. The transfer being an incidence of service, the plea of Mr. Bhargava that the petitioner should be transferred as per choice posting opted by him cannot be accepted.

8. That apart, there are no allegations of malafide made against the competent authority effecting the transfer.

9. Hence, we do not see any merit in the petition. We dismiss the same. The pending application is also dismissed.