PRAFUL SENGAR, PNO. 170951078 v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND 3 OTHERS
WRIA/10850/2025 · 2025-09-18
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 164920 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 164920 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 10850 of 2025 Court No. - 8 HON'BLE MANISH MATHUR, J.
1. Heard learned counsel for petitioner and learned state counsel for opposite parties.
2. Petition has been filed challenging order dated 2nd September 2025 whereby he has been transferred from District Aligarh to District Chitrakoot while on the post of Computer Operator in the police department. Also under challenge is the relieving order dated 9th September 2025.
3. It has been submitted that the impugned order has been passed as a measure of punishment and not on administrative grounds and is therefore in violation of judgment enunciated by the Supreme Court in the case of Somesh Tiwari versus Union of India, 2009(2) SCC 592
4. Learned State Counsel has been provided with written instructions dated 17th September 2025, which are taken on record and indicates the report which forms the basis of the impugned order.
5. A perusal of the aforesaid report makes it evident that petitioner has been accused of negligence in discharge of his duties. In view thereof, it is evident that the impugned orders have been passed as a measure of punishment and are therefore in violation of judgment rendered by Supreme Court in the case of Somesh Tiwari (supra).
6. Considering aforesaid circumstances, the impugned orders dated dated Versus Counsel for Petitioner(s) : Anupam Shukla, Jay Vardhan Shukla Counsel for Respondent(s) : C.S.C. Praful Sengar, Pno. 170951078 .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And 3 Others .....Respondent(s)
2nd September 2025 and 9th September 2025 are hereby quashed by issuance of writ in the nature of Certiorari. Liberty however is granted to opposite parties to pass fresh orders with regard to routine transfer of petitioner.
7. Resultantly, the petition succeeds and is allowed at the admission stage itself. Parties to bear their own costs. September 18, 2025 prabhat WRIA No. 10850 of 2025 2 (Manish Mathur,J.) Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench