Mukesh Kumar Bharti vs U.P. Power Corporation Ltd. Thru. Managing Director Lko. and 2 Others — Allahabad HC (2026) — LawSathi Research

Mukesh Kumar Bharti vs U.P. Power Corporation Ltd. Thru. Managing Director Lko. and 2 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to move a comprehensive representation before the competent authority within 10 days; the authority to decide it by a reasoned and speaking order in accordance with law within two weeks thereafter and communicate the decision forthwith; interim protection that the petitioner shall not be compelled to join at the transferred place for four weeks or till such decision.

Issue for consideration

Whether the impugned transfer order dated 01.04.2026 shifting the petitioner from Raebareli to Bareilly should be quashed and the petitioner allowed to continue working at Raebareli, having regard to, inter alia, the Government Order dated 14.06.2019 on posting of serving spouses at the same place and the petitioner's personal circumstances (father's cardiac treatment at Raebareli, wife posted at Unnao).

Court's answer

The petition stands disposed of with liberty to the petitioner to move a comprehensive representation before the competent authority within 10 days.

Ratio / Principle

If such a representation is moved, the authority concerned shall decide it by a reasoned and speaking order in accordance with law within a period of two weeks thereafter and communicate the decision so taken to the petitioner forthwith.

Key takeaways

For a period of four weeks or till the decision on the representation, the petitioner shall not be compelled to join at the transferred place.ratio¶18

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Rajeev Singh, J.): Writ petition by Mukesh Kumar Bharti, an employee transferred by order dated 01.04.2026 of the Managing Director, Madhyanchal Vidyut Vitran Nigam Ltd., from Raebareli to Bareilly. Earlier, the petitioner had been placed under suspension on vague charges and attached to Vidyut Vidran Mandal, Unnao (stay obtained in Writ-A No. 12825 of 2025), and shifted from Unnao to Raebareli on 29.01.2026. Reliance was placed on the Government Order dated 14.06.2019 (spouses in government service/corporation to be posted at the same place as far as possible), besides the petitioner's father's cardiac treatment at Raebareli and his wife's teaching post at Unnao. The Court did not adjudicate the merits: it disposed of the petition permitting a comprehensive representation within 10 days, directed the competent authority to decide it by a reasoned and speaking order in accordance with law within two weeks and communicate the decision forthwith, and ordered that for four weeks or until such decision the petitioner shall not be compelled to join at the transferred place.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

WRIT - A No. - 3821 of 2026

Mukesh Kumar Bharti

.....Petitioner(s)

Versus

U.P. Power Corporation Ltd. Thru. Managing Director Lko. And 2 Others

recor o. n ers	.....Respo	ndent(s)
Counsel for Petitioner(s)	: Avinash Mishra, Pramod Pandey, Prashant Sharma	Kumar
Counsel for Respondent(s)	: Alok Saran

Court No. - 17

HON'BLE RAJEEV SINGH, J.

Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.

This petition has been filed for quashing of the order dated 01.04.2026 passed Managing Director, Madhyanchal Vidyut Vitran Nigam Ltd., U.P., whereby he has been transferred from Raebareli to Bareilly.

Learned counsel for the petitioner submits that the petitioner was placed under suspension on vague charges and was attached with Vidyut Vitran Mandal, Unnao, against which, he preferred Writ preferred Writ-A No. 12825 of 2025, in which, suspension order was stayed. Thereafter, he was transferred from Unnao to Raebareli vide order dated 29.01.2026. Learned counsel for the petitioner submits that the father of petitioner is a cardiac patient and the petitioner was busy in his treatment at Raebareli, but again he was transferred from Raebareli to Bareilly vide impugned letter dated 01.04.2026. It is also submitted that the wife of the petitioner, who is Assistant Teacher, is posted at District Unnao. Submission of the learned counsel for the petitioner is that in consonance with the provisions of the Government Order dated 14.06.2019, husband and wife, who are employed in Government service/corporation, they may be posted at same place, as far as

WRIA No. 3821 of 2026

2

possible. It is, thus, submitted that the impugned order may be quashed and he may be allowed to work at Raebareli.

Learned Standing Counsel appearing for the respondents, while opposing the prayer of the petitioner, submits that the transfer is the exigency of service and since the services of the petitioner were needed at Bareilly, he was transferred from Raebareli to Bareilly.

Considering the submissions of the learned counsel for both the parties and going through the record, the petition stands disposed of with the liberty to the petitioner to move a comprehensive representation before the competent authority within 10 days from today. In case, any such representation is moved, the shall be decided by the authority concerned by a reasoned and speaking order in accordance with law within a period of two weeks thereafter and communicate the decision, so taken, to the petitioner, forthwith.

For a period of four weeks or till the decision, as directed aforesaid, the petitioner shall not be compel to join at the transferred place.

(Rajeev Singh,J.)

April 27, 2026 VKS

Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench