- (1.) Once an order of transfer has been passed and complied with, is it thereafter rendered immune from cancellation ? In other words, does the competent authority passing an order of transfer lose its power and jurisdiction to recall cancel or modify such order, if in pursuance of it the employee concerned has, in the meanwhile, taken over the post to which he was transferred? Herein lies the controversy raised.
(2.) To give the relevant factual background, Natthi Lal, the respondent here, was posted as secretary Krishi Utpadan Mandi Samiti at Hathras. By an order passed on October 14, 1992, he was transferred from Hathras to Bareilly. In pursuance of this order he was relieved from his post at Hathras on October 23, 1992 and on the next day, that is, on October 24, 1992, he took charge of his new post at Bareilly. Later, on by an order passed on November 2, 1992, the transfer of Natthi Lal from Hathras to Bareilly was cancelled. The reason for this, as put forth by the Director Rajya Krishi Utpadan Mandi Parishad and members being that Natthi Lal was a Class III Secretary whereas the post at Bareilly was of a Class I Secretary and as this was overlooked when Natthi Lal was transferred from Hathras to Bareilly, it necessitated the cancellation of his transfer to Bareilly.
(3.) The point in issue, arises in the context of some judgment of this Court Saying down the proposition that once an order of transfer has been implemented, it cannot, thereafter, be cancelled. The earliest one brought to our notice being Civil Misc. Writ 2205 of 1985, Ram Raj v. Basic Shiksha Parishad, decided "by the Lucknow Bench of this Court on May 20, 1985 , where following the earlier judgment in Civil Misc. Writ No. 2028 of 1985, Indra Bahadur Singh v. Basic Shiksha Parishad, decided on May 10, 1985 , it was held that as the order of transfer of the petitioners had already been complied with and they had joined their posts in pursuance thereof "the stage for cancellation of the order staying the transfer was over after the transfer order had already been implemented ";