VIVEK VISHAL DUBEY v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND 3 OTHERS
WRIA/7954/2025 · 2025-09-03
Manish Mathur
body2025
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[ 2025 DAILYLAW 152822 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 152822 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 7954 of 2025 Court No. - 8 HON'BLE MANISH MATHUR, J.
1. Heard learned counsel for petitioner and learned State Counsel for opposite parties, whose counter affidavit filed today is taken on record. 2. Petition has been filed challenging order dated 17th August 2024, whereby petitioner was transferred from Lucknow to Fatehpur. Also under challenge is the order dated 19th September 2024, whereby petitioner's representation thereagainst has been rejected. 3. Learned counsel for petitioner submits that earlier as well petitioner had filed writ petition No. 6780 of 2024, challenging the aforesaid transfer order, primarily on the ground that his transfer has been effected as a measure of punishment and not in a routine and administrative grounds. The said petition was disposed of vide order dated 23rd August 2024, directing the authority concerned to decide petitioner's representation, which has thereafter been rejected by means of impugned order. 4. From perusal of material on record, particularly the order dated 23rd August 2024, passed by this Court earlier, it is evident that this Court has taken into account the aspect that in case petitioner is transferred from Lucknow to Fatehpur, he would not be able to participate in investigation proceedings of criminal matter, or even in the departmental proceedings which were pending at Lucknow. Versus Counsel for Petitioner(s) : Avinash Tiwari Counsel for Respondent(s) : C.S.C. Vivek Vishal Dubey .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And 3 Others .....Respondent(s)
5. On the basis of instructions, it has been admitted by learned counsel for petitioner that in the meantime, final report has already been submitted against petitioner in the criminal matter, which has also been accepted and departmental proceedings have already culminated, by visiting petitioner with minor penalty. 6. In view thereof, it is evident that the aspects on which this Court had earlier granted indulgence, have come to an end. It is also evident that the impugned transfer order has been passed almost a year ago, in August
2024. 7. Although it is trite that transfer orders cannot be effected as a mode of punishment, but can be resorted to only in administrative exigencies or in public interest. The opposite parties would do well to remember this aspect in future. 8.
Considering aforesaid facts and circumstances, there does not appear to be any justification to interfere with the impugned order at this belated stage. The opposite parties however are granted liberty to effect petitioner's transfer in a routine manner only, in future. 9. With the aforesaid directions, the petition stands disposed of. September 3, 2025 prabhat WRIA No. 7954 of 2025 2 (Manish Mathur,J.) Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench