Amit Kumar Kashyap vs State of U.P. Thru. Prin. Secy. Vocational Edu. and Skill Development Deptt. Lko and 4 Others — Allahabad HC (2025) — LawSathi Research

Amit Kumar Kashyap vs State of U.P. Thru. Prin. Secy. Vocational Edu. and Skill Development Deptt. Lko and 4 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim order: four weeks granted to the opposite parties to file counter affidavit, case listed in the week commencing 17.11.2025, and operation of the impugned orders dated 15.06.2025, 18.06.2025, 21.06.2025, 01.10.2025 and 03.10.2025 stayed until further orders.

Issue for consideration

Whether the petitioner's transfer (order dated 15.06.2025) and the associated relieving and representation-rejection orders constitute a punitive transfer contrary to the law enunciated in Somesh Tiwari v. Union of India, despite the authority's claim that the transfer was effected in public interest owing to complaints and allegations against the petitioner.

Court's answer

Prima facie, the submissions advanced by learned counsel for the petitioner have force and require consideration; accordingly, the opposite parties are granted four weeks' time to file a counter affidavit.

Ratio / Principle

Until further orders of this Court, the operation of the impugned orders dated 15.06.2025, 18.06.2025, 21.06.2025, 01.10.2025 and 03.10.2025 shall remain stayed.

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Court No. 7), interim order dated 14.10.2025 by Hon'ble Manish Mathur, J. in WRIT - A No. 12089 of 2025: Amit Kumar Kashyap v. State of U.P. (Vocational Education and Skill Development Department) and others. The petitioner challenged his transfer order dated 15.06.2025 (submitted to have been made in public interest), relieving orders dated 18.06.2025 and 21.06.2025, and orders dated 01.10.2025 and 03.10.2025 rejecting his representation against the transfer on the ground of complaints and allegations against him, contending that the transfer was punitive and violated the law enunciated in Somesh Tiwari v. Union of India and others, 2009 (2) SCC 592. The Court held that prima facie the petitioner's submissions have force and require consideration, granted the opposite parties four weeks to file a counter affidavit, listed the matter in the week commencing 17.11.2025, and stayed the operation of all five impugned orders until further orders.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

WRIT - A No. - 12089 of 2025

Amit Kumar Kashyap

.....Petitioner(s)

Versus

State Of U.P. Thru. Prin. Secy. Vocational Edu. And Skill Development Deptt. Lko And 4 Others

.....Respondent(s)

Counsel for Petitioner(s) : Ramesh Kumar Srivastava Counsel for Respondent(s) : C.S.C.

Court No. - 7

HON'BLE MANISH MATHUR, J.

Heard learned counsel for petitioner and learned State Counsel for opposite parties.

Petition has been filed challenging transfer order dated 15.06.2025, relieving order dated 18.06.2025, second relieving order dated 21.06.2025 as well as impugned orders dated 01.10.2025 and 03.10.2025 whereby petitioner's representation against the aforesaid transfer has been rejected.

Learned Counsel for petitioner has drawn attention to impugned transfer order dated 15.06.2025 to submit that petitioner's transfer has been done in public interest. He has also adverted to impugned order dated 01.10.2025 rejecting his representation on the ground that there are various complaints and allegations levelled against petitioner, due to which transfer was required to be affected. It has also been submitted that quiet evidently, petitioner's transfer has been affected as a mode of punishment and therefore is in violation of law enunciated by Hon'ble Supreme Court in the case of Somesh Tiwari v. Union of India and others [2009 (2) SCC 592] .

Prima facie, submissions advanced by learned counsel for petitioner to have force and require consideration for which opposite parties are granted four weeks' time to file counter affidavit.

List this case in the week commencing 17.11.2025.

WRIA No. 12089 of 2025

2

Until further orders of this Court, operation of impugned orders dated 15.06.2025, 18.06.2025, 21.06.2025, 01.10.2025 and 03.10.2025 shall remain stayed.

(Manish Mathur,J.)

October 14, 2025 lakshman

Digitally signed by :- LAKSHMANA KUMAR TAMMANA High Court of Judicature at Allahabad, Lucknow Bench