Sandeep Singh (Constable , PNO-152411352) vs State of U.P. Thru. Addl. Chief Secy. Deptt. Home, Civil Sectt. Lko. and 3 Others — Allahabad HC (2026) — LawSathi Research

Sandeep Singh (Constable , PNO-152411352) vs State of U.P. Thru. Addl. Chief Secy. Deptt. Home, Civil Sectt. Lko. and 3 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim stay of operation of the transfer order dated 25.12.2025 and relieving order dated 30.12.2025 until further orders (without precluding any subsequent routine transfer of the petitioner); four weeks granted to opposite parties to file counter affidavit; case listed in the week commencing 23.03.2026.

Issue for consideration

Whether the impugned transfer order dated 25.12.2025 is punitive in nature, having been passed as a measure of punishment only on account of criminal proceedings pending against the petitioner, contrary to the dictum of the Supreme Court in Somesh Tiwari v. Union of India.

Court's answer

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

Ratio / Principle

Until further orders of this Court, operation of the impugned transfer order dated 25.12.2025 and the relieving order dated 30.12.2025 shall remain stayed; the stay shall not preclude any subsequent routine transfer of the petitioner.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Manish Mathur, J. — Interim order in WRIT - A No. 1103 of 2026 filed by Sandeep Singh, Constable (Pno-152411352), challenging his transfer in public interest from Kanpur Nagar to district Kushinagar by order dated 25.12.2025, along with the relieving order dated 30.12.2025. Petitioner contended the transfer was punitive, founded only on pendency of Case Crime No. 927 of 2023 (final report pending acceptance) and a censure dated 13.10.2025, contrary to the dictum in Somesh Tiwari v. Union of India, (2009) 2 SCC 592. The Court found the submissions prima facie to have force, granted the opposite parties four weeks to file a counter affidavit, and stayed operation of the transfer and relieving orders until further orders, expressly without precluding any subsequent routine transfer; matter listed in the week commencing 23.03.2026.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

WRIT - A No. - 1103 of 2026

Sandeep Singh (Constable , Pno-152411352)

.....Petitioner(s)

Versus

State Of U.P. Thru. Addl. Chief Secy. Deptt. Home, Civil Sectt. Lko. And 3 Others

.....Respondent(s) Counsel for Petitioner(s) : P.K. Singh Bisen 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 order dated 25.12.2025 whereby petitioner posted as Constable has been transferred in public interest from Kanpur Nagar to district Kushinagar. Further relieving order dated 30.12.2025 has also been challenged.

It has been submitted that impugned transfer order is punitive in nature and has been passed as a measure of punishment only on account of criminal proceedings pending against him in which, in fact, final report has already been submitted and is pending for acceptance before the Court concerned. He therefore submits that the impugned transfer order is against the dictum of Hon'ble the Supreme Court in Somesh Tiwari v. Union of India and others reported in (2009) 2 SCC 592.

Learned State Counsel has been provided written instructions dated 11.02.2026, a copy of which is taken on record which clearly indicates letter dated 09.12.2025 issued by the Joint Commissioner of Police, Kanpur Nagar which apparently forms the basis of impugned transfer and recommendation has been made only on account of pendency of proceedings regarding Case Crime No. 927 of 2023 against petitioner as well as his being punished with a censure vide order dated 13.10.2025.

WRIA No. 1103 of 2026

2

Prima facie, submissions advanced by learned counsel for petitioner 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 23.03.2026.

Until further orders of this Court, operation of the impugned transfer order dated 25.12.2025 as well as relieving order dated 30.12.2025 shall remain stayed. This order however shall not preclude any subsequent transfer of petitioner in routine basis.

February 12, 2026 lakshman

(Manish Mathur,J.)

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