Court No. - 40
Case :- SPECIAL APPEAL No. - 888 of 2018 Appellant :- Dist. Cane Officer/Dist. Cane Service Authority And Another Respondent :- Naval Prasad Shukla And 3 Ors Counsel for Appellant :- Ravindra Singh Counsel for Respondent :- C.S.C.,Umesh Vats
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Bachchoo Lal,J.
Heard Sri Ravindra Singh, learned counsel for the appellant and Sri Umesh Vats, learned counsel for the respondent No.1 and the learned standing counsel for the other respondents.
The transfer of the respondent No.1 on 31.07.2018 was subjected to challenge in the writ petition in which an interim order was passed on 30.08.2018 giving rise to the present special appeal.
Thus, the present appeal is against an interim order staying the operation of the transfer order passed against the respondent No.1.
Sri Ravindra Singh, learned counsel for the appellant contends that the learned Single Judge has relied on an interim order passed by a learned Single Judge on 12th December, 2012 and drawing a parallel from the said interim order on the facts of the present case, the interim order has been passed without taking into consideration the provisions of the U.P. Cane Co-operative Service Regulations 1975 whereunder the competent authority which is the District Authority is authorized to pass such a transfer order.
Since ordinarily the jurisdiction under Chapter VIII Rule 5 is not exercised in matters arising out of interim orders, therefore, we are not inclined to keep this matter pending, keeping in view the fact that the learned Single Judge ought to have considered the impact of the 1975 Regulations also and not only an interim order which may have been subject matter of further dispute in other decisions which have been quoted in the grounds of appeal by the learned counsel for the appellant.
Consequently, we request the learned Single Judge to dispose of the matter finally if possible by Tuesday next. The Office may post the petition for orders before the appropriate bench on 25.09.2018.
Disposed of with the said observations. The interim order passed by the learned Single Judge on 30th August 2018 shall continue only till then.
Order Date :- 18.9.2018/saqlain