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2025 DAILYLAW 181014 (ALL)

NEHA SINGH v. THE STATE OF U.P. THRU. PRIN. SECY. MEDICAL AND HEALTH DEPTT. LKO. AND 7 OTHERS

/13684/2025 · 2025-11-27

Manish Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 13684 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 02.08.2025 whereby petitioner has been attached to another community Centre than the one she was appointed in on contract basis. Also under challenge is relieving order dated 03.11.2025. 3. Learned counsel for petitioner submits that petitioner being a contractual employee, could not have been transferred to any other place except for the Centre in which she had been appointed. It is therefore, submitted that impugned order is against the provisions of contract. 4. Learned State Counsel has been provided written instructions dated 26.11.2025, a copy of which is taken on record and in pursuance of which it is submitted that impugned order has been passed in pursuance of recommendation dated 21.07.2025 indicating serious allegations levelled against petitioner with regard to illegal gratification and a charge sheet dated 04.10.2025 has already been served upon petitioner to which a reply has also been submitted. It is therefore claimed that impugned order is not an order of transfer but only of attachment pending departmental proceedings. Versus Counsel for Petitioner(s) : Sabir Ali Counsel for Respondent(s) : C.S.C., Puneet Chandra Neha Singh .....Petitioner(s) The State Of U.P. Thru. Prin. Secy. Medical And Health Deptt. Lko. And 7 Others .....Respondent(s) 5. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, it is evident and admitted that departmental proceedings have been initiated against petitioner in pursuance of allegations levelled against her pertaining to illegal gratification. 6. A perusal of impugned order will also reveal that the same has been issued as a mode of attachment and not of transfer. 7. In view thereof, this Court does not find any occasion to interfere with the same. However, since reply to charge sheet has already been submitted by petitioner on 09.10.2025, the opposite parties are directed to conclude the enquiry proceedings expeditiously within a period of six weeks from receipt of a certified copy of this order by authority concerned. 8. In case petitioner stands exonerated from charges levelled against her, her posting shall be ensured in the place for which she had been appointed on contractual basis. The aspect of payment of arrears of salary to petitiner shall be subject to final decision taken. 9. With aforesaid direction, the petition stands finally disposed of. November 27, 2025 kvg/- WRIA No. 13684 of 2025 2 (Manish Mathur,J.) Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench