Sushil Kumar Shukla (Pno. 062500643)AND Another… — Writ and Judicial Review | Allahabad HC (2025)

Sushil Kumar Shukla (Pno. 062500643)AND Another… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Petition allowed at the admission stage; transfer order dated 21.09.2025 and relieving order dated 22.09.2025 quashed by writ of Certiorari, with liberty to the opposite parties to pass fresh orders, if required, only in administrative exigencies or public interest and not as a mode of punishment; parties to bear their own costs.

Issue for consideration

Whether the transfer order dated 21.09.2025 and relieving order dated 22.09.2025 were passed as a mode of punishment on the basis of confidential reports (copies of which were not supplied to the petitioners), and were therefore liable to be quashed.

Court's answer

On the instructions and report placed before the Court, the petitioners were transferred as a mode of punishment, which is contrary to the law enunciated by the Supreme Court in Somesh Tiwari (supra).

Ratio / Principle

The impugned orders dated 21.09.2025 and 22.09.2025 are quashed by issuance of a writ in the nature of Certiorari, with liberty to the opposite parties to pass orders afresh, if required, but only in administrative exigencies or public interest, and not as a mode of punishment.

Key takeaways

The reports forming the basis of the allegations were not produced despite time having been granted, owing to which the exact allegations against the petitioners appeared vague.ratio¶18

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 7, Manish Mathur, J. — Writ - A No. 14621 of 2025, decided December 17, 2025. Writ petition under Article 226 of the Constitution allowed at the admission stage itself. The Court found, on the State's instructions and report, that the petitioners had been transferred as a mode of punishment pursuant to confidential reports (copies not supplied; underlying reports not produced despite time granted, leaving the allegations vague), contrary to the law laid down by the Supreme Court in Somesh Tiwari v. Union of India and others, (2009) 2 SCC 592. The transfer order dated 21.09.2025 and relieving order dated 22.09.2025 were quashed by a writ of Certiorari, with liberty to the opposite parties to pass fresh orders, if required, only in administrative exigencies or public interest and not as punishment. Parties to bear their own costs.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

WRIT - A No. - 14621 of 2025

Sushil Kumar Shukla (Pno. 062500643)And Another

.....Petitioner(s)

Versus

State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 4 Others

.....Respondent(s)

Counsel for Petitioner(s)	: Anupam Shukla, Manish Vaish
Counsel for Respondent(s)	: C.S.C.

Court No. - 7

HON'BLE MANISH MATHUR, J.

Heard Mr. Anupam Shukla and Mr. Manish Vaish, learned counsel for petitioners and learned State Counsel appearing on behalf of the opposite parties.

Present petition under Article 226 of Constitution of India has been filed challenging order dated 21.09.2025 with regard to transfer of petitioners as well as relieving order dated 22.09.2025.

It has been submitted that from a perusal of impugned order, it is evident that petitioners were transferred on account of some report which was submitted against them. It is submitted that although petitioners were 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.

Learned State Counsel has earlier also been provided written instructions dated 06.12.2025 and has also been provided fresh instructions dated 15.12.2025, a copy of which are taken on record and reiterates the aspects that petitioners' transfer has been effected on account of confidential reports submitted against them, which clearly indicate their connivance with criminals of the area as also negligence towards discharge of duties.

Despite time having been granted, the reports which form the basis

WRIA No. 14621 of 2025

2

of allegations levelled against petitioners have not been produced due to which exact allegations levelled against petitioners in the report submitted today appear to be vague.

It is also evident from instructions as well as report that petitioners have been transferred as a mode of punishment, which is clearly against the law enunciated by Hon'ble the Supreme Court in Somesh Tiwari (supra) .

In view of aforesaid facts and circumstances and law indicated, impugned orders dated 21.09.2025 and 22.09.2025 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.

Resultantly, the petition succeeds and is allowed at the admission stage itself. Parties to bear their own costs.

December 17, 2025 lakshman

(Manish Mathur,J.)

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