- (1.) The appellant was transferred on 15 July 2014 by the Engineer-in-Chief from the Barrage Construction Division, Kanpur to the Irrigation Division, Kanpur Dehat. On 1 August 2014, the Executive Engineer recommended the cancellation of the order of transfer. On 5 September 2014, the transfer was stayed until 31 May 2015 by the Engineer-in-Chief. On 30 June 2015, the order of transfer was cancelled by the Engineer-in-Chief. On 15 July 2015, the Engineer-in-Chief cancelled his earlier order dated 30 June 2015. The order dated 15 July 2015 specifically records that the cancellation of the order of transfer which was effected on 30 June 2015 was being withdrawn on the recommendation of the fourth respondent, who is a person by the name of Jagdish Singh Pal as the General Secretary of the Ministerial Association of the Irrigation Department of Uttar Pradesh. The writ petition before the learned Single Judge was filed in order to challenge the order dated 15 July 2015 of the Engineer-in-Chief and for a mandamus to the fifth respondent not to be guided by the directions and orders of the fourth respondent as a General Secretary of the Ministerial Association of the Irrigation Department.
(2.) While entertaining the writ petition on 11 August 2015, the learned Single Judge indicated that while ordinarily, the Court does not interfere with matters of transfer, the impugned order prima facie appears to be mala fide. On 1 October 2015, the appellant brought on the record a number of such requests made by the fourth respondent to the Executive Engineer for transfer of several employees and it was stated on affidavit that transfer orders are being passed on the direction of the fourth respondent who is running the Irrigation Department. The learned Single Judge referred to this in the order dated 1 October 2015 in the following terms: "The petitioner has also brought on record a large number of letters/documents of the respondent no. 4, wherein the respondent no. 4 has issued requests/directions to the Executive Engineer in respect of transfer of several employees. It has been averred in paragraph-3 of the rejoinder affidavit that the record of the office of the Engineer-in-Chief shows that all the transfer orders are passed on the direction of Jagdish Singh Pal, the respondent no. 4, and he is running the irrigation department. In the impugned order itself it is mentioned that the order has been passed at the instance of Jagdish Singh Pal, the respondent no. 4."
(3.) Eventually, the Engineer-in-Chief filed an affidavit before the learned Single Judge dated 29 September 2015 containing the following statements: "2. That the above noted Writ Petition has been filed by the petitioner against the order dated 15.7.2015 annexed as Annexure no.11 to the aforesaid Writ Petition. However it is stated that since the order dated 15.07.2015 was passed due to certain inadvertence mistake and as such the said order dated 15.07.2015 has been recalled/cancelled by the answering respondent no.5 vide order dated 18.09.2015. 3. That earlier the order impugned in the Writ Petition dated 15.07.2015 was passed due to fault and mistake and the said mistake is not willful or deliberate. However the answering respondent no.5 undertakes that in future all the due diligence would be made while passing any kind of administrative order from his office. 4. That since the order impugned in the Writ Petition has already been recall/cancelled vide order dated 18.09.2015 and as such the present Writ Petition as become infructuous and the same is liable to be dismissed and the interim is also liable to be vacated.";