Suresh Kumar vs Union of India and Ors

Type Court Judgment Court Delhi Decided May 14, 2026

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Citation: sooperkanoon.com/1264658
Court: Delhi High Court
Judge: Hon'Ble Mr. Justice Anil Kshetarpal,Hon'Ble Mr. Justice Amit Mahajan
Decided On: May 14, 2026
Case Number: W.P.(C)/6640/2026
Subject: Right to Information

Case Summary

AI-generated summary - not the official court judgment text.

Right to Information

Key legal issue: Right to Information

Parties & Advocates

Appellant / Petitioner

Suresh Kumar

Advocate Ms. Mandavi Tripathi, Mr. Sunjeet Mishra, Mr. Kunal Shahi, Mr. Chandan, Ms. Mansi Singh, Ms. Hema Kumari, Ms. Shivani, Mr. Anurag Kumar

Respondent

Union of India and Ors

Advocate Mr. Neeraj, Mr. Soumyadip Chakraborty, Mr. Jitendra Kumar Mishra

Excerpt

* in the high court of delhi at new delhi+ w.p.(c) 6640/2026, cm appl. 32679/2026 & cm appl. suresh kumar .....petitioner through: ms. mandavi tripathi, mr sunjeet mishra, mr kunal shahi, mr. chandan, ms mansi singh, ms hema kumari, ms shivani & mr anurag kumar, advs.versusunion of india and ors .....respondents through: mr. neeraj (spc), mr. soumyadip chakraborty, mr. jitendra kumar mishra (bsf) for uoi.coram:hon'ble mr. justice anil kshetarpalhon'ble mr. justice amit mahajanorder% 14.05.20261. through this writ petition, the petitioner calls in question his transfer order passed on 03.02.2026.2. the petitioner claims that his wife cannot go to assam and sheis suffering from chronic suppurative otitis media (csom) and is undergoing continuous medical treatment at delhi-based institutions and his presence is indispensable for her care.3. learned counsel representing the respondent has submitted thatthe petitioner’s request has been examined and it has been found that the petitioner’s wife stays in haryana (home town) and csom is a not a serious medical condition and is a treatable decease, which can be treated in any hospital of the country having en&t opd.4. transfer is an incident of service and an employee holding atransferable post cannot claim, as a matter of right, to be posted at a particular place. the power to transfer is vested in the employer and is to be exercised in administrative exigencies. judicial review in such matters is confined to examining whether the transfer is vitiated by mala fides, statutory violation, or patent arbitrariness and evidently, the petitioner has failed to make out case for interference.5. accordingly, the petition is dismissed. pending applications also stands disposed of. anil kshetarpal, j amit mahajan, j may 14, 2026 “sk”

Full Judgment

* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6640/2026, CM APPL. 32679/2026 & CM APPL. SURESH KUMAR .....Petitioner Through: Ms. Mandavi Tripathi, Mr Sunjeet Mishra, Mr Kunal Shahi, Mr. Chandan, Ms Mansi Singh, Ms Hema Kumari, Ms Shivani & Mr Anurag Kumar, Advs.
versus
UNION OF INDIA AND ORS .....Respondents Through: Mr. Neeraj (SPC), Mr. Soumyadip Chakraborty, Mr. Jitendra Kumar Mishra (BSF) for UOI.
CORAM:
HON'BLE MR. JUSTICE ANIL KSHETARPAL
HON'BLE MR. JUSTICE AMIT MAHAJAN

ORDER

% 14.05.2026

1. Through this Writ Petition, the Petitioner calls in question his transfer order passed on 03.02.2026.

2. The Petitioner claims that his wife cannot go to Assam and she

is suffering from Chronic Suppurative Otitis Media (CSOM) and is undergoing continuous medical treatment at Delhi-based institutions and his presence is indispensable for her care.

3. Learned counsel representing the Respondent has submitted that

the Petitioner’s request has been examined and it has been found that the Petitioner’s wife stays in Haryana (home town) and CSOM is a not a serious medical condition and is a treatable decease, which can be treated in any hospital of the country having EN&T OPD.

4. Transfer is an incident of service and an employee holding a

transferable post cannot claim, as a matter of right, to be posted at a particular place. The power to transfer is vested in the employer and is to be exercised in administrative exigencies. Judicial review in such matters is confined to examining whether the transfer is vitiated by mala fides, statutory violation, or patent arbitrariness and evidently, the Petitioner has failed to make out case for interference.

5. Accordingly, the Petition is dismissed. Pending applications also stands disposed of. ANIL KSHETARPAL, J AMIT MAHAJAN, J MAY 14, 2026 “SK”

Same Court & Year Delhi · 2026 Same Parties Suresh Kumar vs Union of India and Ors Same Subject Right to Information Same Judge Hon'Ble Mr. Justice Anil Kshetarpal,Hon'Ble Mr. Justice Amit ...