HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 10309 of 2025 Court No. - 8 HON'BLE MANISH MATHUR, J. 1. Heard learned counsel for petitioner and learned State Counsel for opposite parties who has filed written instructions dated 10.09.2025, a copy of which is taken on record. 2. Petition has been filed challenging order dated 02.07.2025 whereby petitioner has been transferred from Agra to Ghazipur 3. Learned counsel for petitioner submits that impugned order has been passed as a measure of punishment since show cause notice had not been issued to him with regard to alleged misconduct which ultimately culminated in passing of minor penalty order dated 08.07.2025. He has placed reliance on the judgement rendered by the Supreme Court in the case of Somesh Tiwari vs. Union of India and Ors. (2009) 2 SCC 592 4.Mr. Sudhir Kumar Singh , learned State Counsel has refuted submission advanced by learned counsel for petitioner with the submission that the impugned order evidently has been passed on administrative basis and refers to the order dated 26.07.2025 which forms the basis of impugned transfer order. It is further submitted that aforesaid order also indicates petitioner's transfer on administrative ground and therefore it cannot be said that petitioner's transfer has been effected as mode of punishment. 5. It is submitted that in order to ensure discipline in the force, petitioner is Versus Counsel for Petitioner(s) : M.P. Raju Counsel for Respondent(s) : C.S.C. Puneet Kumar ( S.I. , Pno-182018480) .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home U.P. Lko. And 3 Others .....Respondent(s) required to be transferred in exigencies of service. 6. Upon consideration of submission advanced by learned counsel for parties and perusal of material on record, it is evident that petitioner's transfer has been effected on administrative ground in exigency of service. The transfer order dated 02.07.2025 as well as the order dated 26.07.2025 issued by the Police Establishment Board clearly indicates petitioner's transfer being passed on administrative grounds. 7. In the considered opinion of this Court, the mere pendency of show cause notice to petitioner would not be taken to mean that the transfer has been made as mode of punishment and in view thereof, the judgement rendered in the case of Somesh Tiwari (supra) would not be applicable. 8. In view of aforesaid facts, the petition fails and is dismissed. 9.Parties to bear their own cost. September 11, 2025 Shahnaz WRIA No. 10309 of 2025 2 (Manish Mathur,J.) Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench