Palok Basu, J. - (1.) "Petitioners are challenging transfer order. The petitioners are in Government service and transfer is an exigency of service. Petition is dismissed" is the order of the learned single Judge dated 6.7.1999 which is under challenge in the present Special Appeal filed by all the five petitioners, namely. B. P. Singh, Virendra Singh, Rameshwar Prasad Pandey, Shahir Uddin and Abdul Qayyum Khan though it is admitted case that the transfer order in so far as It related to B. P. Singh, petitioner stood cancelled, Consequently, during the course of arguments, the learned counsel for the petitioner-appellant has argued the case only of the remaining four petitioners-appellants."
(2.) The principal question argued by the petitioners-appellants counsel was that after affidavits have been exchanged between the parties, relevant materials were brought on record challenging the transfer order, the learned single Judge may have gone into the reasons but the aforesaid order which has been described as perfunctory should not be permitted to stand as it is and in the absence of any reason, the aforesaid conclusion alone should not be made the basis of disposal of the writ petition/appeal on merits. Consequently, it was argued that this Appellate Bench specially nominated under the orders of the Hon'ble the Chief Justice may hear the writ petition as if on merits. In order that substantial justice is done to the cause, the learned counsel for the petitioners-appellants was heard as if he was arguing the writ petition itself.
(3.) The aforesaid arguments-apart the decision in this case may be a pointer to the old saying that liberty without discipline will be anarchy and discipline without liberty will lead to chaos. Similarly, power with an authority without any check would lead to corruption and absolute power left unchecked may lead to corruption absolute. Therefore, the relevant facts arising in this writ petition/appeal have to be stated in a nut shell to come to the correct conclusion as to the arguments advanced on behalf of the petitioners by their counsel.;