Neutral Citation No. - 2025:AHC-LKO:40550 Court No. - 18 Case :- WRIT - A No. - 7647 of 2025 Petitioner :- Pranay Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Public Works Deptt. Lko. And 5 Others Counsel for Petitioner :- Ramesh Kumar Srivastava,Mohammad Affan 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. Petition has been filed challenging order dated 16th May, 2025 and the relieving order dated 19th May, 2025 whereby petitioner has been transferred from district Lakhimpur Kheri to district Prayagraj. 3. It has been submitted that impugned order ex facie discloses that it has been passed on stigmatic ground indicating that various complaints have been made against petitioner's alleged misconduct and functioning. 4. Learned counsel for petitioner further submits that transfer can not be effected as a mode of punishment particularly since no inquiry has been instituted or is pending against petitioner. He has placed reliance on judgment rendered by Supreme Court in the case of Somesh Tiwari versus Union of India, 2009 2 SCC 592. 5. Learned State Counsel has been provided written instructions dated 15th July, 2025 which are taken on record and as per which also it is evident that petitioner's transfer has been effected on account of various complaints made against him. The instructions also indicate that recommendatory letters for initiation of disciplinary proceedings against petitioner have been submitted without institution of any inquiry against petitioner. 6. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, particularly the impugned order and written instructions, it is evident that petitioner's transfer has been effected as a mode of punishment for complaints made against his alleged misconduct. It is also evident that despite recommendations having been made for initiation of disciplinary proceedings against him, no such proceedings have been initiated. 7. In view of judgment rendered by Supreme Court in the case of Somesh Tiwari (supra), the impugned order dated 16th May, 2025 having been passed as a measure of punishment is therefore unsustainable and is thereby quashed by issuance of writ in the nature of Certiorari. Liberty however is granted to opposite parties to pass orders with regard to petitioner's transfer in the exigencies of service and not on the ground of complaints made against him. 8. Resultantly the petition succeeds and is allowed at the admission stage itself. Parties to bear their own cost. Order Date :- 16.7.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench