When Can a Writ Petition Challenging a Transfer Order Be Withdrawn After Rejection of Representation by Competent Authority? — No New Law Created, Precedent of Dismissal as Withdrawn

The court accepted the petitioner’s request to withdraw their challenge against a transfer order after the competent authority issued a reasoned rejection of the petitioner’s representation; the judgment simply records the withdrawal and does not create or reaffirm precedent—its value is limited to its facts.

 

Summary

Category Data
Case Name CWP/16342/2025 of YASHPAL SINGH SANDHU Vs THE STATE OF HP AND OTHERS
CNR HPHC010633842025
Date of Registration 15-10-2025
Decision Date 17-10-2025
Disposal Nature Disposed Off
Judgment Author Hon’ble Ms. Justice Jyotsna Rewal Dua
Court High Court of Himachal Pradesh
Bench Single Bench
Precedent Value Limited; merely records withdrawal of writ petition, does not create binding or persuasive authority
Type of Law Service Law (specifically, challenge to transfer in police department)
Facts as Summarised by the Court
  • Petitioner, a Communication & Technical Services official, challenged transfer order.
  • Representation rejected by competent authority before withdrawal of writ petition.

Practical Impact

Category Impact
Binding On None; case disposed as withdrawn, not a precedent
Persuasive For None; does not address substantive issue or decide any legal principle

What’s New / What Lawyers Should Note

  • The court permitted withdrawal of a writ petition after the competent authority passed a reasoned order rejecting the petitioner’s representation against transfer.
  • No adjudication on merits; the withdrawal is recorded without creating precedent.
  • Lawyers should note that withdrawal of petition in such situations leaves the underlying legal issue undecided.

Summary of Legal Reasoning

  • The petitioner, after unsuccessfully challenging the transfer order and having his representation rejected by the competent authority, sought permission to withdraw the writ petition.
  • The court allowed the withdrawal as requested by counsel for the petitioner, with all pending applications disposed of accordingly.
  • No substantive discussion or legal reasoning on the merits of challenging a transfer order or the scope of judicial review in service matters.
  • The order is procedural in nature, recording the voluntary withdrawal of the petition.

Arguments by the Parties

Petitioner:

  • Argued the case for some time, ultimately sought permission to withdraw the petition.

Respondents:

  • No specific arguments are recorded in the judgment text regarding the merits.

Factual Background

  • The petitioner, an official in the Police Department, was transferred from PRS Daroh to CTS Headquarters Workshop Shimla by office order dated 24.07.2025.
  • The petitioner made a representation against the transfer to the competent authority on 25.07.2025.
  • The competent authority rejected the representation by an order dated 09.10.2025, giving reasons.
  • The petitioner then sought to challenge that order in the present writ petition but chose to withdraw the petition.

Statutory Analysis

No statutory provisions are discussed or interpreted in the judgment.

Procedural Innovations

None recorded in the judgment; order follows standard procedure for withdrawal of petitions.

Alert Indicators

  • ✔ Precedent Followed – Standard procedure applied in allowing withdrawal of writ petition; no new law created.

Leave a Reply

Your email address will not be published. Required fields are marked *

Recent Comments

No comments to show.