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2025 DAILYLAW 148116 (ALL)

SHAMEEN BANO v. STATE OF U.P. THRU. ADDL. CHIEF SECY. PANCHAYATI RAJ LKO. AND 2 OTHERS

WRIA/6942/2025 · 2025-07-08

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:38684 Court No. - 18 Case :- WRIT - A No. - 6942 of 2025 Petitioner :- Shameen Bano Respondent :- State Of U.P. Thru. Addl. Chief Secy. Panchayati Raj Lko. And 2 Others Counsel for Petitioner :- Sudhir Upadhyay Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioner and learned State Counsel for opposite parties. 2. Supplementary affidavit filed today is taken on record. 3. Petition has been filed challenging order dated 13th June, 2025 whereby petitioner currently employed on the post of Gram Panchayat Adhikari has been transferred from one development block to another in district Lucknow. 4. In pursuance of directions issued earlier, counsel for petitioner has filed supplementary affidavit indicating the names of persons who have been posted in district for a period longer than that of petitioner. 5. Learned State Counsel has been provided written instructions dated 7th July, 2025, which are taken on record and as per paragraph 4 of the instructions, it transpires that petitioner has been transferred in view of complaints which were made against her. 6. Thus it is quite evident that impugned transfer order has been passed as a measure of punishment. 7. The aforesaid aspect has already been considered by Hon'ble Supreme Court in the case of Somesh Tiwari versus Union of India and others (2009) 2 SCC 592 whereby it has been enunciated that transfer can not be effected as a mode of punishment. 8. In view of aforesaid facts and circumstances, the impugned transfer order dated 13th June, 2025 is hereby quashed by issuance of writ in the nature of Certiorari granting liberty to opposite parties to pass fresh orders only in the interest of administration or public interest. 9. Consequently the petition succeeds and is allowed at the admission stage itself. Parties to bear their own cost. Order Date :- 8.7.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench