RAKESH TIWARI, J. - (1.) HEARD Sri Madan Mohan Lal Srivastava for the petitioner and the learned Standing Counsel for the respondents.
(2.) THIS writ petition has been filed by the petitioner on the ground that the impugned order of transfer is punitive and further on the ground that the petitioner being a class -IV employee cannot be transferred out of station. This writ petition had been disposed off by judgement and order dated 20 -12 -2000. The Secretary, Board of High School and Intermediate Education U.P. Allahabad preferred an appeal against the judgment and order dated 20 -12 -2000 passed by the learned Single Judge in the aforesaid petition. The Division Bench of this Court presided over by Hon'ble the Chief Justice remanded the matter for consideration afresh as the State was not given any opportunity to file a counter -affidavit and the writ petition had been disposed off without such opportunity at the admission stage itself.
(3.) IN these circumstances, the writ petition has come up for hearing before this Court today and is to be considered afresh, on the basis of the affidavits exchanged between the parties and the submissions made by them.;