Srikanta Sutar v. Union of India & Ors.

1. This writ petition assails order dated 18 June 2025, whereby, under the Summer Chain Transfers for the year 2025, the petitioner has been transferred from Delhi to Guwahati.

2. While various submissions have been urged in the writ petition, Mr. Bhargava, learned Counsel for the petitioner, has today pointed out to us that there is a specific policy which requires that all officers who are in the list of summer chain transferees have to be given an opportunity to apply on the SAMBHAV App, in which they would have an opportunity to suggest 28 choice places of postings. Of course, it is open to the respondents to post the candidate at one of those 28 posts or elsewhere. However, it goes without saying that, if the candidate on merit is entitled to be posted at one of the said 28 places of postings, he should be posted at one of those places, unless unavoidable administrative exigencies dictate otherwise.

3. In the present case, it is specifically conceded by Mr. Athurv, Inspector, CRPF, that, owing to a technical glitch in the system, the SAMBHAV App could not be opened for five officers, of whom one was the petitioner. As a result, the petitioner did not get any opportunity to provide 28 choice places of posting and was suddenly issued the impugned transfer order on 18 June 2025, transferring him to Guwahati.

4. To a query from the Court, learned Counsel for the respondents accepts that they came to know of the technical glitch which took place in respect of five officers as far back as in January 2025. Despite having with them five months till 18 June 2025, the respondents did not remedy the glitch or inform the petitioner that he was in the prospective summer chain transferees’ list and could provide his options.

5. The respondents have repeatedly sought to contend that the petitioner has been in Delhi for more than twenty years. That, however, cannot be a ground for not allowing him the facility of providing 28 options in the SAMBHAV App, so that, if his hardship score and other considerations entitled him to one of those places of posting, he could be so accommodated.

6. On this aspect being brought to the notice of Ms. Gauri Goburdhun, learned SPC for the respondents, she submits that the respondents would pass a reasoned and speaking order by treating the present writ petition as a representation within a period of two weeks from today.

7. We accordingly dispose of this writ petition with a direction to the respondents to treat the writ petition as a representation, along with the submissions advanced by Mr. Bhargava in court which we have noted supra, and to pass a reasoned and speaking order thereon within a period of two weeks from today.

8. We may it clear that the order must address the issues which have been raised. If the respondents rely on any administrative exigencies not to permit the petitioner to be posted at one of the places of his choice, clear and cogent reasons therefor should be forthcoming.

9. The decision as and when taken would be communicated to the petitioner forthwith.

10. In the event that the decision is adverse to the petitioner, its operation shall remain in abeyance for one week after it is communicated so as to enable the petitioner to avail legal remedies, if so advised.

11. We have not addressed any of the other issues raised in the writ petition on merits. However, the respondents would also take them into consideration while taking their decision.

12. However, it is obvious that the challenge to the transfer policy as raised in the writ petition cannot be addressed by the respondents. The merits of the petitioner’s challenge in that regard are left open to be considered, should the need arise in an appropriate case.

13. The operation of the impugned transfer order shall remain in abeyance till the passing of the order by the respondents in terms of the above directions, and for a period of one week thereafter in the event that the order is adverse to the petitioner.

14. The writ petition is disposed of in the aforesaid terms.

C. HARI SHANKAR, J.