DR. ARVINDRA KUMAR GARG v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF AYUSH LKO. AND 2 OTHERS
WRIA/7738/2025 · 2025-11-21
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 198494 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 198494 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 7738 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J.
1. Heard Mr. Abhinav Srivastava and Mr. Sunny Sharma learned counsel for petitioners and learned state counsel for opposite parties.
2. Petition has been filed challenging order dated 14th June 2025 whereby petitioner's earlier transfer on his request has been cancelled.
3. It has been submitted that earlier in terms of government order dated 6th May 2025, petitioner had submitted an application seeking transfer as per options on compassionate basis. The said application was allowed by means of order dated 14th June 2025 but has been cancelled by means of impugned
order order passed on the same date.
4. It is submitted that a bare perusal of impugned order will make it evident that no reasons whatsoever have been indicated for cancellation of transfer of petitioner. It is therefore submitted that the order is cryptic and does not advert to any reasons or even public policy to cancel the order effected in favor of petitioner earlier.
5. Learned state counsel on the basis of counter affidavit has refuted
submissions advanced by learned counsel for the petitioner with the submission that the annual transfer policy was issued by the government vide order dated 6th May 2025 which stipulates that the transfer of group D personnel shall be effected by the heads of the respective departments after consultation with the Hon'ble Minister of the department concerned. It is Versus Counsel for Petitioner(s) : Sunny Sharma, Abhinav Srivastava Counsel for Respondent(s) : C.S.C. Dr. Arvindra Kumar Garg .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Ayush Lko. And 2 Others .....Respondent(s)
submitted that the petitioner is in service as a Homeopathic Medical Officer and was transferred on request but due to unavoidable circumstances, all transfer orders issued on the basis of public interest and personal request relating to group B, C and D category personnel were cancelled by the then Director, vide impugned order. It is submitted that since all the transfer orders were cancelled, petitioners' order was also cancelled. It is also submitted that the earlier director was thereafter placed under suspension and departmental proceedings have been initiated against him.
6. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, specifically the impugned order, it is evident that petitioner's transfer has been effected as per his request on compassionate grounds. The impugned order however, does not reflect any
reasoning whatsoever for cancelling the aforesaid transfer order. The only indication is that it is being cancelled due to unavoidable circumstances.
7. This court vide order dated 23rd July 2025 had specifically required the opposite parties to indicate reason for cancellation of the transfer order. The said query was repeated on 28th July 2025 and 8th August 2025. Time had also been granted for filing counter affidavit which has subsequently been filed but again fails to indicate any reason for cancellation of transfer order except to state that it is being done due to unavoidable circumstances.
8. In the considered opinion of this court, once a transfer had been effected in favour of the petitioner on his own request, in case of any cancellation, it was incumbent upon the opposite parties to have indicated some reason for cancellation of the order,.
9. Even otherwise once this court has specifically required the opposite parties to indicate reasons for cancellation of the transfer order, it would be incumbent at least then to have indicated some cogent reason for cancellation of the transfer order.
10. Despite the aforesaid aspects, the counter affidavit is as cryptic as the impugned order itself.
11. In view of aforesaid, the impugned transfer order dated 14th June, 2025 is hereby quashed by issuance of writ in the nature of Certiorari.
WRIA No. 7738 of 2025 2
Consequences to follow.
12. Resultantly, the petition succeeds and is allowed. Parties to bear their own costs. November 21, 2025 prabhat WRIA No. 7738 of 2025 3 (Manish Mathur,J.) Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench