HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 13789 of 2025 Court No. - 7 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 10.03.2025 transferring petitioner from Commissionerate, Lucknow to State Crime Records Bureau, Lucknow. Also under challenge is order dated 17.11.2025 whereby petitioner's representation for transfer to District Banda in view of couple posting in terms of paragraph 5 of Government Order dated 06.05.2025 has been rejected. 3. Learned State Counsel has been provided written instructions dated 03.12.2025, a copy of which is taken on record and on that basis submits that there were serious allegations levelled against petitioner with regard to seeking illegal gratification and was found guilty in an enquiry which was instituted against him resulting in passing of punishment order dated 03.12.2024. It is submitted that in view of such a finding, it was not conducive to retain petitioner in Commissionerate, Lucknow. 4. Learned counsel for petitioner in response there to submits that once petitioner has already been punished for the charges which had been levelled against him, transfer cannot be effected as a mode of Versus Counsel for Petitioner(s) : Ram Charitra Pandey, Shashank Pandey Counsel for Respondent(s) : C.S.C. Shashank Mishra (S.I. Pno-194071594) .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And 4 Others .....Respondent(s) punishment as has already been held by Hon'ble the Supreme Court in Somesh Tiwari v. Union of India and others reported in (2009) 2 SCC 592. It is also submitted that petitioner is in fact seeking his transfer out of Lucknow to District Banda where his wife is posted in the same department and also in view of fact that he has a six- month's old child. 5. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, it is thus evident that petitioner's representation for couple posting has been rejected on ground of punishment imposed upon him upon charges levelled against him being established. 6. The order impugned clearly indicates that it is not conducive for continuance of petitioner in the same posting. However, impugned order is completely silent with regard to grievance raised by petitioner with regard to couple posting in terms of Government Order dated 06.05.2025. 7. Once the opposite parties admit that it is not conducive of petitioner to continue in the same place of posting and petitioner himself is seeking posting out of Lucknow in terms of paragraph-5 of Government Order dated 06.05.2025, it was incumbent upon opposite parties to have considered the said aspect. 8. Since there is no such consideration, opposite party no.3 i.e. Inspector General of Police (Establishment), Uttar Pradesh, Lucknow is directed to reconsider petitioner's grievance for couple posting in terms of paragraph-5 of Government Order dated 06.05.2025 to District Banda. Decision with regard to same shall be taken by authority concerned expeditiously within a period of three weeks from receipt of a certified copy of this order. 9. The impugned orders dated 10.03.2025 and 17.11.2025 shall be subject to final decision so taken. Authorities concerned is directed to specifically advert to plea raised by petitioner with regard to couple posting in terms of paragraph-5 of Government Order dated 06.05.2025. WRIA No. 13789 of 2025 2 10. With aforesaid direction, the petition stands finally disposed of. December 4, 2025 kvg/- WRIA No. 13789 of 2025 3 (Manish Mathur,J.) Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench