HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 9852 of 2025 Court No. - 8 HON'BLE MANISH MATHUR, J. 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 13.06.2025 whereby petitioner has been transferred from Unnao to Kanpur Dehat. 3. Learned counsel for petitioner submits that although the impugned order is silent but it refers to various other orders which form the basis of impugned order clearly indicating that petitioner has been transferred as a mode of punishment. 4. Learned State Counsel has been provided written instructions dated 04.09.2025 which also brings on record order dated 30.12.2024 which forms the basis of impugned order. 5. A perusal of aforesaid document clearly indicates fact that petitioner has been transferred on account of serious allegations of misconduct. However, it does not appear that any departmental proceedings have been initiated against him. It is settled law that an employee cannot be transferred as a mode of punishment. In case opposite parties were of the prima facie opinion that petitioner was indulging in serious acts of misconduct, it was always open for them to initiate departmental proceedings against petitioner but by merely transfer of petitioner, it is not comprehensible as to the object which is being sought to be achieved by opposite parties. 6. Considering aforesaid facts and circumstances that petitioner's transfer has been effected as a mode of punishment on account of Versus Counsel for Petitioner(s) : Rakesh Chandra Tewari, Gyan Prakash Srivastava Counsel for Respondent(s) : C.S.C. Mohd. Irfan .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Irrigation Deptt. Lko. And 4 Others .....Respondent(s) alleged misconduct, the same is squarely hit by judgment of Hon'ble the Supreme Court in Somesh Tiwari v. Union of India and others reported in (2009) 2 SCC 592. 7. In view thereof, the impugned order dated 13.06.2025 as well as orders mentioned therein dated 30.12.2024,17.01.2025 and 13.06.2025 are hereby quashed by issuance of a writ in the nature of Certiorari granting liberty to opposite parties to proceed in accordance with law. 8. Resultantly,the writ petition succeeds and is allowed at the admission stage. The parties to bear their own costs. Consequences to follow. September 8, 2025 kvg/- WRIA No. 9852 of 2025 2 (Manish Mathur,J.) Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench