The Gauhati High Court has declined to stay the transfer of a Central Reserve Police Force (CRPF) Assistant Sub-Inspector from Guwahati to Chhattisgarh, holding that the personal difficulties cited by him were not sufficient to justify judicial interference with the transfer order.
Justice Sanjay Kumar Medhi observed that transfer is an incidence of service and that a writ court can interfere only in limited circumstances, such as an apparent violation of statutory rules or mala fide action.
The court, however, granted the petitioner 15 days to move to his new place of posting and directed that he be given a reasonable opportunity to arrange treatment for his wife, who was stated to be suffering from an anxiety disorder.
Transfer Order Challenged On Family Grounds
The petitioner, an Assistant Sub-Inspector/GD posted at Amerigog in Guwahati, was transferred by the CRPF to its 231 Battalion in Chhattisgarh through an order dated December 24, 2025.
Through advocates D Gogoi and T Wapangla, he challenged the transfer before the High Court, contending that he was the sole caregiver for his wife and was also facing other family difficulties.
He had earlier relied on his daughter’s preparation for the NEET examination as another ground against the transfer. The court noted that the examination had since concluded.
The petitioner’s counsel also submitted that some time had earlier been granted to him considering his difficulties and that the transfer had been kept on hold in view of the elections in Assam.
An interim order had subsequently been passed by the High Court on May 18.
No Mala Fide Or Rule Violation Alleged
Central Government Counsel R Devi opposed the petition, arguing that courts have only a limited scope to interfere with transfer orders.
She submitted that the petitioner had neither alleged mala fide action nor pointed to any violation of statutory rules. According to her, his difficulties had already been considered and additional time had been granted to him.
Accepting the limited scope of judicial review in transfer matters, the High Court observed that the December 24, 2025 transfer order had remained pending for a considerable period and that the petitioner had already received sufficient time.
The court therefore refused to interfere with the transfer but allowed him 15 days to comply with the order.
It also directed that the petitioner should be given a reasonable opportunity to ensure treatment for his wife at the new place of posting.
Earlier CRPF Transfer Plea Also Rejected
The ruling follows another Gauhati High Court order passed in June in the case of a CRPF constable who had sought a stay on his transfer to Odisha, citing his wife’s postpartum complications and difficulty in relocating.
In that case, Justice Shamima Jahan noted that the constable had completed four years at the Counter Insurgency and Anti-Terrorism School, CRPF, Silchar.
After considering the availability of medical facilities at the new place of posting, the court directed him to join his transferred station and observed that adequate treatment facilities were available there.
