MOHAN LAL GARG Vs. STATE OF U.P. AND OTHERS
LAWS(ALL)-1992-8-119
HIGH COURT OF ALLAHABAD
Decided on August 11,1992

Mohan Lal Garg Appellant
VERSUS
State of U.P. and others Respondents

JUDGEMENT

- (1.) The appellant is aggrieved by the transfer order dated 14-7-199. In his challenge to the said transfer order two grounds were raised firstly that the transfer orders were passed frequently and the second ground was of malafide of the officers, who were impended as opposite parties Nos. 2 to 4. The learned Single Judge as far as the first ground was concerned, held that it is incorrect that the appellant was frequently transferred. Although three transfer orders were passed in quick succession but none of the transfer orders were implemented and there were valid reasons for passing the transfer orders. If the chain of transfer order is disturbed by one incumbent, naturally, the subsequent orders has to be passed to maintain the chain of transfer. It appears, that these successive transfer orders were passed to maintain the chain of transfer orders.
(2.) As regards the ground of malafide the learned Judge was of the opinion that unless the version of other side is obtained, the ground of malafide would not succeed and for these reasons he wanted an opportunity to be given to the respondents to enable him to file their reply. The petitioner felt aggrieved, as no interim order was being passed and for that reasons he offered that the petition itself-be finally decided, Learned Single Judge, in these circumstances, has rightly rejected the contention of the petitioner in as much as the averments made in the writ petition were not such which could be accepted without the version of other side. As the petitioner was prepared that the matter may be disposed of at the preliminary hearing stage without affording opportunity to the petitioner, the averments regarding malafide were not accepted.
(3.) In our opinion the finding of the learned Judge are in accordance with the law. However, considering the facts which have been placed on record and series of litigation that the petitioner has under-gone during his service tenure as also short period left for service it would be in the interest of justice that in case he represents to the appointing authority alongwith a certified copy of this order, the concerned authority be directed to dispose of the representation of the petitioner within one month of presentation of certified copy of the order.;


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