Delhi High Court - Orders
Abhishek Mittal vs National Automotive Board & Anr on 27 April, 2026
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~73
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5569/2026
ABHISHEK MITTAL .....Petitioner
Through: Mr. Tarun Gupta and Mr. Hirday
Virdi, Advocates.
versus
NATIONAL AUTOMOTIVE BOARD & ANR. .....Respondents
Through: Mr. A. Tandon and Ms. Akanksha
Mishra, Advocates for R-1 & 2.
Mr. Amit Tiwari, CGSC with Ms.
Ayushi Srivastava, Mr. Ayush
Tanwar, Mr. Arpan Narwal, Mr.
Kushagra Malik and Mr. Ujjwal
Tyagi, Advocates for UOI.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 27.04.2026 CM APPL. 27136/2026 (seeking exemption from filing the original/certified copies of documents)
1. Exemption is granted, subject to all just exceptions.
2. The Applicant shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.
3. Accordingly, the application stands disposed of.
W.P.(C) 5569/2026 & CM APPL. 27135/2026 (seeking interim relief)
4. The Petitioner is presently working as a Deputy Manager with the International Centre for Automotive Technology ("ICAT"). He was initially appointed as a Graduate Engineer Trainee vide offer letter dated 4 th April, W.P.(C) 5569/2026 Page 1 of 6 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/04/2026 at 21:37:26 2012, and his services were subsequently confirmed on 28 th January, 2014. The terms and conditions governing his appointment were communicated to him by letter dated 1st August, 2013. Although a copy of the said letter has not been placed on record, the Respondents' counsel has produced the same during the course of hearing; the said document is taken on record.
5. There is no dispute that the Petitioner has been in continuous service with the organisation for approximately 14 years. The grievance arises from an office order dated 1st April, 2026, whereby the Petitioner has been transferred from ICAT, Manesar to the National Institute of Automotive Inspection, Maintenance & Training (NIAIMT), Silchar, with a direction to report on or before 27th April, 2026. While the said office order records that it has been issued with the approval of the competent authority, such approval was not initially placed on record. Upon a query from the Court, Respondents' counsel has produced the underlying approval note dated 1 st April, 2026, which is taken on record and extracted hereinbelow:
"Ref. No.: ICAT/HR/2026-2027/008 Date : 1st April 2026 NOTE SUB: Transfer of employees from ICAT to Silchar Centre This is in reference to strengthening the functional and technical capabilities of the Silchar Centre, which is currently operating under ICAT and is yet to become a revenue- generating unit.
The transfer of professionals from ICAT will enhance institutional engagement and support efforts towards developing the centre into revenue generating centre.
In view of the above, it is proposed to transfer the employee mentioned below to the Silchar Centre and he will report to Mr. Anirnda Paul:
"S. Name of Designation Current
NO Employee Department/LAB
W.P.(C) 5569/2026 Page 2 of 6
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/04/2026 at 21:37:26 1 Abhishek Dy. Passive Safety Mittal Manager Lab"
The employees mentioned above may be directed to join the Silchar Centre by 27th April, 2026.
Put up for your approval and to release the office order to all@icat."
6. The Respondents justify the aforesaid decision as being driven by organisational requirements. In this regard, reliance is placed on communication dated 24th July, 2025 issued by the National Automotive Board ("NAB"), Ministry of Heavy Industries, conveying the decision of its 11th Governing Council, whereby administrative and financial control of NIAIMT was vested in ICAT up to 4th August, 2025, and subsequently extended up to 3rd August, 2026 as an interim arrangement, or until further orders.
7. Counsel for the Respondents further contends that transfer is an incidence of service. Attention is drawn to Clause 10 of the terms and conditions of appointment, which stipulates that the employee is liable to be transferred to any division, deputed for training, or posted to any other station as may be required by the management of ICAT (predecessor of LAB). On this basis, it is contended that the Petitioner cannot legitimately assail the impugned transfer.
8. Per contra, counsel for the Petitioner has relied upon office order dated 11th July, 2022 issued by NAB, whereby administrative and financial powers were delegated to various centres, including ICAT. Particular emphasis is laid on the fact that while the Director, ICAT has been vested with powers to transfer staff, such power is expressly confined to transfers "within site". The relevant portion of the said office order is extracted W.P.(C) 5569/2026 Page 3 of 6 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/04/2026 at 21:37:26 below:
9. In this backdrop, a question arises as to whether, subsequent to the arrangement dated 24th July, 2025 placing NIAIMT under the administrative and financial control of ICAT, the Director, ICAT can be said to possess the authority to effect inter-centre transfers. The Respondents contend that such W.P.(C) 5569/2026 Page 4 of 6 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/04/2026 at 21:37:26 administrative control necessarily encompasses the power to transfer personnel across centres. The Petitioner, however, submits that the delegation of powers being governed by a specific office order dated 11 th July, 2022, in the absence of any superseding or modifying directive, such power cannot be assumed to have been enlarged.
10. At this stage, this Court is unable to proceed on the assumption that the Director, ICAT is vested with the authority to transfer employees from one centre to another, particularly when such power appears, prima facie, to have been confined to intra-site transfers under the existing delegation framework.
11. It is well settled that transfer is an incidence of service and ordinarily does not warrant interference by the Court. However, the limited inquiry presently undertaken is whether the exercise of such power is traceable to a valid delegation and whether the governing body, namely NAB, has authorised or ratified such inter-centre transfers. On this aspect, counsel for the Respondents submits that instructions would be required. It is clarified that if the Governing Council of NAB deems it appropriate to consider this issue, it may do so independently, without awaiting further directions from this Court.
12. In view of the above, and pending clarity on the aforesaid issue, the impugned transfer order dated 1st April, 2026 shall remain in abeyance till the next date of hearing.
13. The Petitioner shall, in the meantime, continue to discharge his duties at his present place of posting at ICAT, Manesar
14. Issue notice. Mr. A. Tandon, counsel for Respondents No. 1 & 2, accepts notice.
W.P.(C) 5569/2026 Page 5 of 6This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/04/2026 at 21:37:26
15. Counter affidavit, if any, be filed within a period of three weeks from today. Rejoinder thereto, if any, be filed before the next date of hearing.
16. Renotify on 14th May, 2026.
SANJEEV NARULA, J APRIL 27, 2026 as W.P.(C) 5569/2026 Page 6 of 6 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/04/2026 at 21:37:26