Signing you in

A single bench of Justice Kalyan Rai Surana of the Kohima bench dismissed the petition of Major Lauv Kumar, an officer of the Judge Advocate General’s (JAG) branch, in an order dated May 25.

Major Kumar, a Short Service Commissioned officer, also stated in his petition that certain social media posts claimed some officers in the Western Command are “eagerly waiting” for him to arrive so they can “fix” him.

The bench noted that the respondents’ senior counsel, on specific instructions from the Office of the Inspector General, Assam Rifles (North), stated that the person whose social media posts were annexed in the writ petition is a retired Army officer. The respondents are the Office of the Inspector General, Assam Rifles (North) and the Army Headquarters.

“Though the social media post has been referred to, the petitioner has not stated that the person making the post is currently serving personnel or a retired Army personnel. The petitioner has not disclosed that the officers, who are circulating posts/comments in the social media, which, according to the petitioner, indicate that the co-officers would ‘fix’ him, are posted in the same office or command area or zone in which the petitioner is sought to be transferred and posted,” the high court order noted.

Major Kumar was commissioned in the Army in September 2016 and was serving as an Additional Law Officer at the Headquarters Inspector General Assam Rifles (North), Kohima, since September 30, 2024. He stated in his petition that he has an unblemished service record and is entitled to a tenure of two years in the Assam Rifles, with extensions considered on a case-by-case basis. He submitted that his two-year tenure is due to complete in September 2026.

In his petition, Major Kumar alleged malice and bias on the part of the respondent authorities in issuing his transfer order and stated that he had been transferred as an additional officer under Headquarters Western Command without any legal assignments, as he was a JAG Officer. He added that the transfer order has abruptly curtailed the stipulated two-year tenure as ALO, Headquarters IGAR (North), Kohima.

“The petitioner has also made other specific allegations in respect of three Courts of Inquiry instituted against the petitioner. The petitioner has, therefore, come before this Court praying for a direction to quash and set aside the impugned Posting Order dated 01.04.2026 and also for a direction to the respondents not to change his place of posting, channel of command and control till the pendency of the transfer issues raised in the OA434/2025 pending before the Armed Forces Tribunal is finally decided,” the bench noted.

“The petitioner further prays for a direction to the respondents to produce all original records and documents in respect of the petitioner in order to ascertain the mala fide purpose and intent behind issuance of the impugned Transfer Order and withdrawing all legal work from the petitioner,” the bench added.

The respondents’ senior counsel informed the court that, following the transfer order, Major Payal Goyal had reported for duty. However, due to interim orders in the matter, there are currently two officers against one post, and since the petitioner has not handed over the charge, the relieving officer has been unable to discharge her duties.

The bench allowed Major Goyal leave to address the court. She submitted that, having arrived, she apprehends that any delay in joining her transferred post may be read adversely to her future service career.

The bench declined to interfere with the transfer order of Major Kumar but directed the authorities to grant him a reasonable time to move to his place of posting.

“However, it would be open to the respondent authorities to allow the relieving officer to take over charge on and from such date and time as deemed fit by the authorities. In the event the petitioner does not hand over charge to the relieving officer, the competent authorities are permitted to allow the relieving officer to unilaterally assume charge of the post,” the bench directed.