Rakesh Tiwari - (1.) -This contempt petition has been filed for non-compliance of the order dated 26.9.2001 passed in writ petition No. 32673 of 2001.
(2.) BY the orders dated 3.2.2003 and 4.2.2003 (Annexures-6 and 7) to the contempt petition, the District Magistrate, Farrukhabad transferred the petitioner, Sobaran Singh Yadav, Lekhpal of Tehsil Sadar, Farrukhabad to Tahsil Kayamganj. On 4.2.2003, the petitioner was immediately relieved and was directed to join at Kayamganj Tahsil. It has been submitted by the counsel for the applicant that earlier also the petitioner was transferred by the order dated 17.8.2001, against which a Writ Petition No. 32673 of 2001 was filed and the order of transfer dated 17.8.2001 was stayed.
(3.) THE contention of the petitioner is that once an interim order has been passed staying the transfer of the petitioner, the fresh orders dated 3.2.2003 and 4.2.2003 transferring the petitioner could not have been passed even after a lapse of one and a half years. It appears that the petitioner has been working as a Lekhpal in the Collectorate, Farrukhabad for a long time and he does not want to be transferred. THE order dated 26.9.2001 does not give any immunity to the petitioner. THE petitioner can be transferred to any place in accordance with law, whereever his services are required. From the facts it is crystal clear that the respondents have not transferred the petitioner after the interim order was passed by this Court. The services of the petitioner are transferable. He does not get any immunity from transfer and posting on the basis of interim order passed earlier for all times to come. The petitioner was transferred after about one and a half year from the order dated 26.9.2001. There is no wilful disobedience of the order, nor it is against any statutory provision or Government policy on the subject.;