Neutral Citation No. - 2025:AHC:141877 Court No. - 5 Case :- WRIT - A No. - 11963 of 2025 Petitioner :- Avinash Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pranesh Kumar Mishra Counsel for Respondent :- Abhishek Srivastava,Adarsh Bhushan,C.S.C.,Kartikeya Saran Hon'ble Saurabh Shyam Shamshery,J. 1.Heard Sri Pranesh Kumar Mishra, learned counsel for the petitioner, Sri Abhishek Srivastava on behalf of respondent nos.2 and 3, Sri Adarsh Bhushan for respondent no.4 and Sri Kartikeya Saran on behalf of respondent no.5. 2. The petitioner is a Junior Engineer from a common cadre of U.P. Power Corporation Limited. He was placed under suspension on basis of some allegations which was later on withdrawn and in view of circular dated 7.4.2025, he was transferred from one Distribution Company to another Distribution Company i.e. from Purvanchal Vidyut Vitran Nigam Limited to Paschimanchal Vidyut Vitran Nigam Limited, pending inquiry. 3. Petitioner being aggrieved by the aforesaid transfer has approached this Court that he is being penalised without any adverse order and he has been transferred to a place which is about 700 Kms away from the existing place of appointment. 4. Learned counsel for the petitioner has placed reliance on a judgment passed by Supreme Court in Somesh Tiwari Vs. Union of India & Ors,, 2009 AIR (SCW) 854. 5. Learned counsel for the respondents no.2 and 3 submits that inquiry will be concluded within a period of six weeks from today with co-operation of petitioner. 6. Learned counsel for the respondent no.4 has supported the impugned order and submitted that transfer is not barrred and it is for the purpose for conclusion of inquiry. 7. I have considered the aforesaid submissions and perused the records. 8. At this stage, I find that since an assurance has been given by the learned counsel for the respondent nos. 2 and 3 that inquiry will be concluded within a period of six weeks from today with co- operation of petitioner, therefore, in the interest of justice, it will be more feasible for the petitioner to participate in the inquiry, if he stays at his earlier place of posting. 9. Accordingly, it is directed that for a period of six weeks from today, impugned transfer order is kept in abeyance. However, in case the petitioner does not co-operate with inquiry, respondents will be at liberty to take a decision so that petitioner can join at the transferred place and in case petitioner has already been relieved, respondents can pass an order to post him at any nearby place where Purvanchal Vidyut Vitran Nigam Limited has its office for aforesaid period. 10. With the aforesaid direction, this writ petition is disposed of. Order Date :- 20.8.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad