Mohd. Akram Khan Vs Managing Director Madhyanchal Vidyut Vitran Nigam Ltd. Lko and 3 Others — Allahabad HC (2025) — LawSathi Research

Mohd. Akram Khan Vs Managing Director Madhyanchal Vidyut Vitran Nigam Ltd. Lko and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of without entering into merits; petitioner permitted to submit a comprehensive representation against the transfer order dated 11.06.2025 before respondent no. 2 (Chief Engineer (Distribution), Madhyanchal Vidyut Vitran Nigam Ltd., Ayodhya Kshetra, Ayodhya) within one week; respondent no. 2 to decide it in accordance with law within three weeks of receipt (alongwith copy of the order); no coercive action against the petitioner in pursuance of the transfer order till disposal of the representation; benefit lapses if the representation is not submitted within the stipulated time.

Issue for consideration

Whether the impugned transfer order dated 11.06.2025 (Ayodhya to Ambedkar Nagar) is sustainable on the various grounds raised by the petitioner - grounds which the Court held fall within the realm of grounds to be considered by the respondents at the first instance.

Court's answer

The Court declined to enter into the merits of the challenge to the transfer order, holding that the grounds raised by the petitioner fall within the realm of grounds to be considered by the respondents at the first instance.

Ratio / Principle

The petitioner was left free to submit a comprehensive representation against the impugned transfer orders dated 11.06.2025 before the competent authority, i.e. Chief Engineer (Distribution), Madhyanchal Vidyut Vitran Nigam Ltd., Ayodhya Kshetra, Ayodhya (respondent no. 2), within one week.

Key takeaways

Respondent no. 2 shall decide the representation in accordance with law, considering the grounds taken by the petitioner, within three weeks from the date of receipt of the representation alongwith a copy of the order.ratio¶9
Till disposal of the representation, no coercive action shall be taken by the respondents against the petitioner in pursuance of the impugned transfer order.ratio¶10
If the petitioner does not submit his representation within the specified time, the benefit of the order shall not be available to him.

Detailed headnote1 paragraphs

Employment transfer-order dispute disposed of without adjudication of merits. A writ petition (WRIT - A No. 6932 of 2025, High Court of Judicature at Allahabad, Lucknow Bench, Abdul Moin, J.) challenged a transfer order dated 11.06.2025 transferring the petitioner, an employee context of Madhyanchal Vidyut Vitran Nigam Ltd., from district Ayodhya to Ambedkar Nagar. Holding that the grounds raised fell within the realm of grounds to be considered by the respondents at the first instance, the Court disposed of the petition: the petitioner may file a comprehensive representation before the Chief Engineer (Distribution), Madhyanchal Vidyut Vitran Nigam Ltd., Ayodhya Kshetra, Ayodhya (respondent no. 2) within one week; the representation is to be decided in accordance with law within three weeks of its receipt together with a copy of the order; and no coercive action pursuant to the transfer order is to be taken until the representation is disposed of, with the protection lapsing if the representation is not filed in time.

Neutral Citation No. - 2025:AHC-LKO:37098

Court No. - 5 Case :- WRIT - A No. - 6932 of 2025 Petitioner :- Mohd. Akram Khan Respondent :- Managing Director Madhyanchal Vidyut Vitran Nigam Ltd. Lko And 3 Others Counsel for Petitioner :- Vinay Misra Counsel for Respondent :- Ran Vijay Singh

Hon'ble Abdul Moin,J.

Heard learned counsel for petitioner and Sri Ran Vijay Singh, learned Standing Counsel appearing on behalf of all the respondents.

With the consent of learned counsel appearing for the contesting parties, the writ petition is finally being disposed of.

Under challenge is transfer order dated 11.06.2025 , a copy of which is annexure no.1 to the petition so far has it pertains to the petitioner by which the petitioner has been transferred from district Ayodhya to Ambedkar Nagar.

Learned counsel for petitioner has raised various grounds to challenge the impugned transfer order, however the Court is of the view that the said grounds fall in the realm of the grounds to be considered by the respondents at the first instance.

Accordingly, without entering into the merits of the case, the present petition is disposed of leaving it open to the petitioner to submit a comprehensive representation against the impugned transfer orders dated 11.06.2025 before the competent authority i.e. Chief Engineer (Distribution), Madhyanchal Vidyut Vitran Nigam Ltd., Ayodhya Kshetra, Ayodhya/respondent no. 2 within a period of one week from today.

In case a representation is made, respondent no. 2 shall proceed to decide the same in accordance with law considering the grounds taken by the petitioner in the representation, which would be decided within a period of three weeks from the date of receipt of the representation alongwith copy of this order.

Till disposal of representation no coercive action shall be taken by the respondents against the petitioner in pursuance of the impugned transfer order.

It is made clear that if the petitioner does not submit his representation within the time specified, then the benefit of this order shall not be available to him.

Order Date :- 2.7.2025/Pachhere/-

Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench