PALOK BASU, M.C.AGARWAL, JJ. - (1.) BEING fully aware of the extremely cir­cumscribed self-imposed situations when this Court interferes with transfer orders, Dr. A. K. Singh's petition at hand was thought a matter fit enough for interference under Article 226 of the Constitution of India. Consequently, while calling a counter affidavit concerning the transfer order dated 16/17th July, 1996 the operation of the transfer order was stayed, which was time bound till 30th September, 1996. Counter and rejoinder affidavits have been exchanged.
(2.) DR . J. P. Singh describing himself as Chief Medical Officer, Basti, has, however, in the meantime, filed an impleadment ap­plication. On his behalf, Sri Dinesh Dwivedi and Sri A. K. Gupta have been heard. On a consideration of the material, the implead­ment was allowed. The said Dr. J. P. Singh challenged an order of the State Govern­ment dated 31st December, 1996, w here by his transfer order and posting as Chief Medical Officer, Basti, dated 24th Decem­ber, 1996, was revoked. This Writ Petition was filed in the Lucknow Bench of this Court being writ petition No. 23 (S/B) of 1997. From whatever was stated before the Lucknow Bench through the petition and through the argument of the Learned coun­sel there, the Division Bench remarked: "The contention, therefore, appears to be that in spite of the order of transfer and the High Court vacating the interim order, Dr. A. K. Singh chose to stick to the post of Chief Medical Officer and it is in this background that the opposite parties have at last revoked the order of transfer and High Court at Allahabad also passed a fresh order of stay of order of transfer on 8-1-97. Accordingly, we dispose of the present writ petition with liberty to the petitioner to approach the Court at Allahabad and move appropriate application for impleadment in the Bending Writ Petition No. 23578 of 1996 where the issue can be adjudicated and decided on merits of the conten­tions raised by the parties in question and till appropriate order is .passed at Allahabad we pro­vide that the operation of the order dated 31-12-96 by which the order of transfer of the petitioner has been revoked shall remain suspended." The aforesaid order of the Lucknow Bench is not disputed, a photo state copy of the certified copy of which has been filed as Annexure T to the impleadment applica­tion. It, therefore, follows that the aforesaid Division Bench of the Lucknow Bench has taken note of the fact that there is a stay order in favour of Dr. A.K. Singh, the petitioner in the instant caseand has yet proceeded to pass an order on 10th January, 1997, staying the order of the Government by which Dr. J.P. Singh's transfer to Basti was revoked.
(3.) BEFORE commenting further on the material existing on the record, it may be mention here that when the petitioner's matter came up before a Division Bench concerning the time bound interim order existing in his favour, it was declined osten­sibly for the reason that another doctor, namely, Dr. B. R. Araya, who had been, in the meantime, posted as Chief Medical Of­ficer, Basti, was cancelled by the State Government. Dr. A.K. Singh, the petitioner, brought this fact to the notice of the Bench hearing the matter subsequently with the result that while the interim order was vacated on 3rd October, 1996, it was restored and afresh order was again passed on 8th January 1997. It was directed in the order dated 8th January, 1997, that the petitioner's transfer to Balitpur, as was given effect to by the impugned order dated 17th July, 1996, shall remain stayed till 17th January, 1997. When the matter came up before this Court on the date fixed, the in­terim order has been extended and it is in operation at the moment.;