VIPIN YADAV v. UTTAR PRADESH ELECTRICITY GENERATION CORPORATION LIMITED AND 2 OTHERS
WRIA/8991/2025 · 2025-07-08
Saurabh Shyam Shamshery
body2025
DailyLaw.ai
[ 2025 DAILYLAW 71445 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 71445 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:108640 Court No. - 5 Case :- WRIT - A No. - 8991 of 2025 Petitioner :- Vipin Yadav Respondent :- Uttar Pradesh Electricity Generation Corporation Limited And 2 Others Counsel for Petitioner :- Krishna Mohan Misra Counsel for Respondent :- Kartikeya Saran,Shad Khan Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri K.M. Mishra, learned counsel for petitioner, Sri Shad Khan, Advocate for Respondents-1 and 2 and Sri Kartikeya Saran, Advocate for Respondent-3.
2. Petitioner has approached this Court that he has been transferred vide order dated 13.06.2025 from Muzaffarnagar to Sonbhadra, which is akin to a punishment order since petitioner is under suspension from 21.11.2024 and an inquiry was commenced but till date disciplinary authority has not passed any order after show cause notice is replied by petitioner.
3. Learned counsel for petitioner refers judgments passed by this Court in Sabhapati Pathak vs. State of U.P. and others, 2012:AHC- LKO:14465 and Anil Kumar Pal vs. State of U.P. and others (Service Single No. 8624 of 2011), decided on 01.12.2011.
4. Learned counsel appearing for respondents submits that impugned transfer order is an administrative order which may not be interfered since it is not suffered with any mala fide as well as that inquiry will be concluded within a period of two weeks from today.
5. In aforesaid circumstances, the writ petition is disposed of and impugned order dated 13.06.2025 is kept in abeyance till inquiry is
concluded. However, a liberty is granted that in case of administrative exigency, if required, on basis of outcome of disciplinary proceedings, petitioner can be transferred from one place to another as it is not in dispute that transfer is an incident of service. Order Date :- 9.7.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad