MANOJ SRIVASTAVA v. STATE OF U.P. THRU. PRIN. SECY. ENVIRONMENT FOREST AND CLIMATE CHANGE DEPTT. LKO. AND OTHERS
WRIA/8451/2025 · 2025-08-20
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 155135 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155135 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:48719 Court No. - 8 Case :- WRIT - A No. - 8451 of 2025 Petitioner :- Manoj Srivastava Respondent :- State Of U.P. Thru. Prin. Secy. Environment Forest And Climate Change Deptt. Lko. And Others Counsel for Petitioner :- Rahul Kumar,Dhruv Mathur,Nitin Srivastava 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. Personal affidavit of opposite party no.2 filed today is taken on record.
3. On 01.08.2025, the following order had been passed:
"1. Heard learned counsel for petitioner and learned State Counsel appearing on behalf of the opposite parties.
2. Present petition under Article 226 of Constitution of India has been filed challenging order dated 18.07.2025 and other consequential order(s) including order dated 22.07.2025 whereby petitioner currently employed on the post of Forest Ranger has been attached to Rohilkhand Zone, Bareilly.
3. Learned counsel for petitioner submits that ex facie, it is evident that impugned order has been passed on the basis of complaints which were made against him and is therefore punitive in nature. It is submitted that impugned
order also is not in fact of transfer but only an order of attachment and such procedure is completely alien to service jurisprudence, being against judgment of Hon'ble the Supreme Court in Somesh Tiwari v. Union of India and others reported in (2009) 2 SCC 592 whereby it has been enunciated that transfer cannot be effected as a mode of punishment.
4. Prima facie, submissions advanced by learned counsel for petitioner appear to have force and require
consideration for which opposite party no.2, i.e. Principal Chief Conservator of Forests, Environment, Forest and Climate Change Department, Lucknow is directed to file his personal affidavit within a period to two weeks to explain the provision of law under which such an order can be passed.
5. List this case on 20.08.2025, as fresh.
6. Until further orders of this Court, impugned order dated 18.07.2025 and other consequential order(s) including
order dated 22.07.2025 shall remain stayed."
3. Learned State counsel placing reliance on paragraph no.9 of the personal affidavit filed today submits that after examination of the entire issues, the impugned order dated 18.07.2025 has been cancelled vide order dated 14.08.2025.
4. In view of such statement made in affidavit, it is thus evident that the impugned order dated 18.07.2025 has been cancelled and consequently the relieving order dated 22.07.2025 would also stand cancelled.
5. In view thereof, nothing more remains to be adjudicated upon this petition, which is accordingly consigned to record without any adverse effect on benefit already granted to petitioner.
Order Date :- 20.8.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench