HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 14971 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J. 1. Heard Mr. Anupam Shukla, learned counsel for petitioner and learned State Counsel for opposite parties. 2. Petition has been filed challenging order dated 24.09.2025 pertaining to transfer of petitioner as well as relieving order dated 24.09.2025. 3. It has been submitted that by means of same impugned order, another person, viz., Ghulam Afzal Alias Gulam Afzal Ansari had also been transferred who had filed Writ-A No. 14477 of 2025 which has been allowed by means of judgment and order dated 16.12.2025. It is submitted that petitioner's case is covered by the aforesaid judgment. 4. considering the aforesaid submissions, judgment and order dated 16.12.2025 passed in Writ-A No. 14477 of 2025 is as follows:- "1. Heard Mr. Anupam Shukla and Mr. Manish Vaish, 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 24.09.2025 with regard to transfer of petitioner as well as relieving order dated 24.09.2025. 3. It has been submitted that from a perusal of impugned order, it is evident that petitioner was transferred on Versus Counsel for Petitioner(s) : Anupam Shukla, Durgesh Kumar Maurya, Manish Vaish Counsel for Respondent(s) : C.S.C. Rajesh Kumar Singh, Pno. 900570434 .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others .....Respondent(s) account of some report which was submitted against him. It is submitted that although petitioner was not provided a copy of the report but the nature of order impugned indicates it having been passed as a mode of punishment, which is against the dictum laid down by Hon'ble the Supreme Court in Somesh Tiwari v. Union of India and others reported in (2009) 2 SCC 592. 4. Learned State Counsel has been provided written instructions dated 12.12.2025, a copy of which is taken on record and submits that petitioner's transfer has been effected on account of confidential reports submitted against him, which clearly indicate his connivance with criminals of the area as also negligence towards discharge of duties. 5. Despite time having been granted, the reports which form the basis of allegations levelled against petitioner have not been produced due to which exact allegations levelled against petitioner in the report submitted today appear to be vague. 6. It is also evident from instructions as well as report that petitioner has been transferred as a mode of punishment, which is clearly against the law enunciated by Hon'ble the Supreme Court in Somesh Tiwari (supra). 7. In view of aforesaid facts and circumstances and law indicated, impugned orders of transfer and relieving both dated 24.09.2025 are hereby quashed by issuance of a writ in the nature of Certiorari granting liberty to opposite parties to pass orders afresh, if required, but only in administrative exigencies or public interest, and not as a mode of punishment. 8. Resultantly, the petition succeeds and is allowed at the admission stage itself. Parties to bear their own costs." 5. In view of aforesaid, since petitioner has been transferred by the same impugned order which has already been quashed by this Court, WRIA No. 14971 of 2025 2 same benefit will be applicable to petitioner as well. 6. In view of above, impugned orders of transfer and relieving both dated 24.09.2025, so far as it relates to petitioner as well, are hereby quashed by issuance of a Writ in the nature of Certiorari granting liberty to opposite parties to pass orders afresh, if required, but only in administrative exigencies or public interest, and not as a mode of punishment. 7. Resultantly, the petition succeeds and is allowed at the admission stage itself. Parties to bear their own costs. December 19, 2025 lakshman WRIA No. 14971 of 2025 3 (Manish Mathur,J.) Digitally signed by :- LAKSHMANA KUMAR TAMMANA High Court of Judicature at Allahabad, Lucknow Bench