M.KARPAGA VINAYAGAM AND AMARESHWAR SAHAY JJ. - (1.) WE have heard learned Counsel for the appellant as well as the respondents.
(2.) THE appellant herein had preferred the writ petition being WP (S) No. 1345 of 2004 for a direction to the respondents to stop issuing oral orders of transfer, whereby, he has been transferred from Crusher Section (Electricity and Mechanical) to the Pump Section of the Open cast Mines, K.D.H. Project, Khelari. According to the appellant, without passing a written order he has been asked to go to work in the underground mines, which is not legal.
(3.) ON the other hand, the counsel for respondents, would submit that there was no transfer and the appellant, who was deployed to different section of the same office, unauthorizedly remained absent from duties and with reference to the said charge, departmental enquiry is pending. In the light of the said submission, the learned single Judge by the impugned order dated 2nd May, 2006 declined to decide the issue, inasmuch as the same required determination by the Enquiry Officer. Aggrieved by this order, this LPA has been filed.;