Gauhati High Court Upholds CRPF ASI Transfer to Chhattisgarh Despite Wife’s Anxiety Disorder

The Gauhati High Court has refused to stop the transfer of a Central Reserve Police Force (CRPF) Assistant Sub-Inspector from Guwahati to Chhattisgarh, holding that the family difficulties cited by the petitioner, including his wife’s anxiety disorder, were not enough on their own to justify judicial interference with a posting order.

In an order dated October 1, Justice Sanjay Kumar Medhi said a transfer is a normal incident of service and that a writ court can step in only in limited circumstances, such as when a transfer violates statutory rules or is vitiated by manifest mala fide. While declining to quash or stay the order, the Court granted the officer 15 days to join the new posting and directed that he be given a reasonable opportunity to arrange treatment for his wife.

Transfer challenged on personal hardship grounds

The petitioner, an Assistant Sub-Inspector (General Duty), was serving at Amerigog in Guwahati when the CRPF issued an order dated December 24, 2025 transferring him to the 231 Battalion in Chhattisgarh.

He approached the High Court through advocates D. Gogoi and T. Wapangla, arguing that he was the sole caregiver for his wife, who suffers from an anxiety disorder, and that the family was facing additional difficulties. He also pointed to his daughter’s preparation for the NEET examination. The Court noted, however, that the examination had since concluded.

According to the petition, additional time had earlier been allowed in view of these personal difficulties, and the transfer had remained in abeyance because of elections in Assam. The Court also recorded that an interim order had been passed on May 18.

Central Government Counsel R. Devi opposed the plea, submitting that the scope for challenging a transfer is limited. It was argued that no mala fide or breach of statutory rules had been alleged, and that the matter had already been examined, with time having been granted earlier as well.

Court says interference with transfer is limited

Justice Medhi observed that interference in transfer matters is “absolutely limited” and that, unless there is a violation of statutory rules or a case of manifest mala fide, the Court would be reluctant to intervene. The order noted that although the transfer was issued on December 24, 2025, the petitioner had already had sufficient time in the meantime.

The Court concluded that the grounds placed before it were not enough to warrant interference. It therefore declined to quash or stay the transfer.

On the question of medical hardship, the order said the petitioner should be given a reasonable opportunity to arrange treatment for his wife at the new place of posting for the ailment mentioned in the writ petition. The officer was allowed 15 days to move.

The ruling follows the settled legal position that personal hardship, including illness in the family, does not by itself confer a right to block a transfer in a uniformed service unless the order is shown to be contrary to rules or tainted by mala fide.

The High Court had taken a similar view in June, when Justice Shamima Jahan declined to stay the transfer of a CRPF constable to Odisha despite his wife’s post-childbirth complications, noting that medical facilities were available at the new station.