The Gauhati High Court has declined to interfere with the transfer of a Central Reserve Police Force (CRPF) Assistant Sub-Inspector who sought to remain in Assam to care for his ailing wife and daughter. Justice Sanjay Kumar Medhi, however, granted him an additional 15 days to relocate and directed the authorities to provide reasonable opportunity for his wife's treatment at his new place of posting.
Syed Juliash Hussain, serving as an ASI/GD with the CRPF in Guwahati, challenged the transfer order dated December 24, 2025, posting him to the 231 Battalion in Chhattisgarh. He approached the High Court under Article 226 of the Constitution, seeking cancellation of the transfer and consideration of his family circumstances.
His counsel submitted that Hussain faced significant difficulties because his wife suffered from an anxiety disorder and he was responsible for caring for his family. His daughter had also been preparing for the NEET examination, although that examination was over by the time the matter was considered.
The respondents opposed the petition, arguing that transfer orders could be interfered with only in limited circumstances, such as a violation of statutory rules or apparent mala fide, meaning an improper or bad-faith exercise of power.
Justice Medhi noted that judicial interference with transfer orders was limited. The Court observed:
"The scope of interference with an order of transfer by a Writ Court is absolutely limited to the extent that unless there is any violation of the statutory rules or mala fide which is manifestly apparent, this Court would be loath to interfere to such order of transfer."
The Court further observed that Hussain had already received sufficient time since the transfer order was issued and that the grounds presented were insufficient to justify judicial interference with a transfer, which is an incident of service.
The High Court dismissed the writ petition but directed the authorities to allow Hussain another 15 days to move to his new posting. It also directed that he be afforded a reasonable opportunity for his wife's treatment at the new place of posting.
Case Title: Syed Juliash Hussain v. Union of India & Ors.
Case Number: WP(C)/1503/2026
