- (1.) Leave granted.
(2.) Respondent No. 1 herein was working in the Kanpur Development authority on the post of Chief Accounts officer. By the order dated 22/09/1999 he was transferred to agra Development Authority along with the post. The respondent challenged the aforesaid transfer order by means of a petition under Article 226 of the constitution of India. The said writ petition was dismissed by a Bench of the High court. The respondent subsequently moved a review petition. While rejecting the review petition, the High Court stayed the transfer of the respondent till his representation is decided by the State government. It is against the said part of the order the appellant is in appeal before us.
(3.) Learned counsel urged that once the writ petition as well as the review petition have been dismissed by the High Court, the High Court ought not to have granted relief of stay of transfer. The argument is well substantiated. As seen above, the High court having not found any merit in the petition dismissed the same and subsequently the review petition was also dismissed. Under such circumstances it was erroneous exercise of power by the High court when it stayed the order of transfer. Such an order was totally un-called for. Under such circumstances, we set aside the order to the extent it stayed the transfer of the respondent.;