Allahabad High Court
JYOTI GUPTAversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
The impugned cancellation order was set aside and the matter remitted for a fresh order after hearing the petitioner, following the precedent of Writ A No. 6082 of 2026.
Summary
In Writ A No. 6672 of 2026, petitioner Jyoti Gupta challenged a cancellation of transfer order issued by the State of U.P. and others. The petitioner argued that the order was passed without being heard. The court noted a prior decision in Writ A No. 6082 of 2026 where a similarly worded cancellation order was set aside and the matter remitted for fresh consideration. Relying on that precedent, the court found no reason to depart from the earlier ruling. Consequently, the impugned order was set aside and the case was remitted to the lower authority to pass a fresh order after hearing the petitioner.
Issues considered
- Whether the cancellation of transfer order can be validly made without hearing the petitioner?
Subjects
- cancellation of transfer order
- writ petition
- set aside
- remand
- hearing
- administrative law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 6672 of 2026
Jyoti Gupta
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Hritudhwaj Pratap Sahi, Samarath
Singh
Counsel for Respondent(s) : C.S.C.
Court No. - 32
HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard D.K. Singh, learned Senior Counsel assisted by Sri H.P. Sahi,
learned Counsel for the petitioner and Sri Saurabh, learned Standing Counsel
for the respondent.
2. In similar circumstances, a similarly worded cancellation of transfer order
was set aside in Writ A No. 6082 of 2026 and the matter is remitted back to
pass a fresh order after hearing the parties i.e. the petitioner therein also.
Therefore, the Court finds that there is no reason not to follow the said order
passed by the Coordinate Bench.
3. Accordingly, present impugned order is also set aside and matter is
remitted back to pass a fresh order after hearing the petitioner.
(Saurabh Shyam Shamshery,J.)
May 5, 2026
Kumar Manish
Digitally signed by :-
MANISH TRIPATHI
High Court of Judicature at Allahabad
Checking your session…