Heard learned counsel for petitioner and the learned Standing Counsel for the opposite parties, who prays for and is allowed four weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter.
List after expiry of the aforesaid period.
By means of this writ petition, transfer order dated 31.5.2005 (Annexure 1 to the writ petition) and relieving order dated 13.6.2010 (Annexure 2 to the writ petition) issued pursuant to that transfer order have been challenged.
The submission of the learned counsel for the petitioner is that after the lapse of more than five years to the transfer order, there appears no justification to enforce the same. Transfer orders are passed to meet out the exigency of service in pursuance of the decision taken on a particular time.
There appears no reason to enforce the transfer order after lapse of five years.
In view of above, till the next date of listing, the impugned transfer order (Annexure 1) and relieving order (Annexure 2) so far as it relates to the petitioner, shall remain stayed with liberty to the opposite parties to pass fresh orders to meet out the exigency of service, if any.
Order Date :- 23.6.2010 Rizvi