- (1.) HEARD learned Counsel for the Petitioner, Sri Raghwendra Singh, learned Senior Counsel for Zila Panchayat, Basti and Sri Anuj Kudesia, learned standing counsel.
(2.) THE order of transfer dated 24.2.2011 was stayed by a Division Bench of this Court, vide order dated 8.3.2011 passed in Writ Petition No. 398 (S/B) of 2011. After service of impugned order of transfer, the State Government has passed order dated 14.3.2011 (Annexure No. 11 to the writ petition) in terms of the order passed by this Court. Thereafter by the order dated 14.3.2011 (Annexure No. 12 to the writ petition), Petitioner's vehicle was attached with the President of Zila Panchayat, by Upper Mukhya Adhikari, Zila Panchayat, Basti. Thereafter, the Chairman, Zila Panchayat, Basti (Annexure No. 13 to the writ petition) passed the order dated 18.3.2011, to the effect that the cheques in the Bank, shall be signed by the Petitioner's predecessor and her in spite of the fact reason assigned in the impugned order that because of Holi festival, inconvenience has been caused. Once the Division Bench of this Court has stayed order of transfer that too, after giving liberty to pass a fresh order in May, 2011, then any subsequent action taken by the Respondents, amounts to circumvent the interim order passed by this Court. Liberty is given to the Petitioner to move appropriate application to challenge the order contained in Annexure No. 12 and 13 to the writ petition.
(3.) IT has been submitted by Sri Raghwendra Singh, learned Senior Counsel that the writ petition is not maintainable to enforce the interim order passed by this Court. He relied upon the judgment of Division Bench dated 30.7.2010, passed in Writ Petition No. 5931 (M/B) of 2010. The argument seems to be misconceived. In the present case, the question cropped up is with regard to subsequent order passed by the authorities which calls for interference by this Court. In case, any interim order is passed by this Court, it is the solemn duty of authorities to enforce it in its letter and spirit. In the event of non -compliance, the option is always open to file contempt petition but in case some decision is taken even after passing the interim order then, against such subsequent decision taken by the Respondents, writ petition shall always be maintainable. The dispute calls for interference by this Court under Article 226 of the Constitution of India. The preliminary objection of the Respondents counsel is accordingly rejected.;