Satish Chandra, J. - (1.) HEARD Shri Jyotinjay Verma, learned Counsel for the appellant and Shri Niwas Bajpayee, learned counsel for the respondent no. 1.
(2.) THE instant Special Appeal arises from the judgment and order dated 12.11.2008 passed by Hon'ble the Single Judge by which the writ petition preferred by the respondent no. 1 was allowed and the impugned order dated 03.05.2008 was quashed. The brief facts of the case are that being aggrieved by the order dated 03.05.2008 passed by the Zila Basic Shiksha Adhikari, Sitapur whereby the respondent no. 1 was transferred from Junior High School Maholi District Sitapur to Junior High School, Gwahdeeh, Rampur Kala, Distt. Sitapur, the respondent no. 1 preferred a Writ Petition which was registered as Writ Petition No.2410(S/S) of 2008. The said writ petition was contested by the appellant by filing counter affidavit. The learned Single Judge after hearing the submissions made by the learned counsel for the parties and considering the material on record allowed the writ petition and quashed the transfer order on the ground that a plain reading of the transfer order itself shows that there are charges against the petitioner and as such it is a stigmatic order. Learned Counsel for the appellant submits that by the order dated 03.05.2008, the respondent no. 1 was transferred from one school to another within the District of Sitapur on administrative ground. He further submits that the Hon'ble Single Judge has quashed the transfer order on the ground that it is a stigmatic order.
(3.) LEARNED Counsel for the appellant has relied upon a decision of the Hon'ble Supreme Court reported in 2004(4) SCC 245 Union of India and others Vs. Janardhan Debanath and another. He further submits that the respondent no. 1 himself admitted in the rejoinder affidavit that the amounts were deposited, subsequent to the transfer order dated 03.05.2008. Learned Counsel for the respondent no.1 submits that there is no illegality in the impugned judgment and order passed by the Hon'ble Single Judge. He further submits that in the impugned transfer order the word "AAROP" has been used against the petitioner, which amounts stigma and as such the Hon'ble Single Judge has rightly quashed the impugned transfer order.;