Neutral Citation No. - 2025:AHC:122523 Court No. - 5 Case :- WRIT - A No. - 10432 of 2025 Petitioner :- Vipin Yadav Respondent :- Uttar Pradesh Rajya Vidyut Utpadan Nigam Ltd And 3 Others Counsel for Petitioner :- Krishna Mohan Misra Counsel for Respondent :- Kartikeya Saran,Shad Khan Hon'ble Saurabh Shyam Shamshery,J. 1. This is second round of litigation. In earlier round, petitioner has approached this Court to challenge the transfer order and after hearing learned advocates for rival parties, this Court has passed following final order on 09.07.2025 :- "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." 2. Aforesaid order is admittedly not challenged at the behest of respondents before Division Bench of this Court. 3. Respondents have come up with a case that certain facts were not disclosed when the aforesaid order was passed that inquiry was already concluded and punishment order was already passed on 12.06.2025 and impugned transfer order was a consequence of the punishment order. 4. Sri Krishna Mohan Misra, learned counsel for petitioner submits that once this Court on basis of respective arguments of rival parties and respondents have not approached this Court for review or modification of order, were under legal obligation to comply it in its letter and spirit and they cannot say that since punishment order was already passed, therefore, they will not comply the above referred order. 5. Sri Shad Khan, learned counsel for respondents has initially tried to convince this Court, however, on basis of recent instructions, he fairly submits that impugned order will be withdrawn within 7 days from today and respondents will pass fresh order after taking note of observations made by this Court in order dated 09.07.2025 passed in Writ A No. 8991/2025. 6. Taking note of aforesaid submissions of respondents, this writ petition is disposed of. Order Date :- 25.7.2025 N. Sinha Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad