HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 10326 of 2025 Court No. - 8 HON'BLE MANISH MATHUR, J. 1. Heard learned counsel for petitioner and Mr. Vivek Singh, learned State Counsel for opposite parties. 2. Petition has been filed challenging order dated 27.08.2025 whereby petitioner working on the post of Constable has been transferred from Lucknow to Bhadoi. 3. It has been submitted that petitioner's transfer has been effected as measure of punishment and is therefore in violation of judgement rendered by Supreme Court in the case of Somesh Tiwari vs. Union of India and Ors . 4. Learned State Counsel has been provided written instructions dated 10.09.2021, a copy of which is taken on record contains various reports which form the basis of impugned transfer order. 5. From perusal of the reports dated 14.07.2025, 15.07.2025 and 10.08.2025 annexed as annexure no.1 to the instructions, it is evident that petitioner has been transferred in view of narcotics syndicate having been busted and illegal narcotics being recovered from within jurisdiction of the police station where petitioner was posted. The reports clearly indicate negligence of the police personnel with regard to the aforesaid narcotics syndicate being operated under the very nose of the police personnel in the said police station. Versus Counsel for Petitioner(s) : P.K. Singh Bisen Counsel for Respondent(s) : C.S.C. Harendra Singh (Pno-182464704) .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko And 3 Others .....Respondent(s) 6. Although Supreme Court in the case of Somesh Tiwari (supra) has clearly held that transfer cannot be effected as mode of punishment but in the considered opinion of this Court, the aforesaid judgement cannot have any universal applicability and in such serious cases, an exception is required to be made where illegal narcotics syndicate is flourishing under the very nose of police personnel attached with particular police station. It is also evident that the reports only indicate negligence on the part of police personnel which may not come within purview of negligence and the aspect as to whether their complicity would come within misconduct or not, would be required to be determined by the authorities themselves. 7. In the peculiar facts and circumstances of the case, this Court does not find any ground for indulgence. 8. The petition therefore fails and is dismissed. 9. Parties to bear their own cost. September 11, 2025 Shahnaz WRIA No. 10326 of 2025 2 (Manish Mathur,J.) Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench