JUDGMENT Rakesh Tiwari, J.
1. Heard the Counsel for the parties and perused the record.
2. All the aforesaid applications have been filed challenging the order of his transfer by the Petitioner and non-compliance of the order of this Court dated 20.2.2002 by which directing the authority concerned to decide the representation of the Petitioner preferably within a month in accordance with law.
3. The Petitioner at the relevant time was posted as Executive Engineer (Provincial Division), Public Works Department, Banda. The Petitioner was transferred from Banda to Pratapgarh as Staff Officer. He challenged this order of transfer by means of Writ No. 42082 of 2001 as mala fide on the ground that it was without any reason as he has neither been transferred for any administrative reason nor in public interest. This Writ Petition was disposed of by a Division Bench of this Court with direction to the authority concerned to decide the representation of the Petitioner dated 5.12.2001 within one month from the date of production of certified copy of this order in accordance with law.
4. The Petitioner submitted a representation before the authority. In the mean time the Respondents by order dated 26.12.2001 passed another order posting one Komal Chand Jain as Executive Engineer (Civil) in his place. The Petitioner challenged this posting by means of aforesaid Writ Petition No. 1206 of 2002, on the ground that though he was Executive Engineer still he has been replaced by Komal Chand Chain, Assistant Engineer, Respondent No. 2 in the petition, who has been given charge of the post of Executive Engineer (Civil). In short, he is being replaced by his junior. The Petitioner also challenged the transfer on the ground that he was shifted in mid-session and is against the principles of natural justice and further that he has been shifted to non-working post as staff officer without giving him any opportunity of hearing.
5. It is submitted by the Counsel for the Petitioner that on 26.12.2001 the office of the Chief Election Officer, U.P. had issued certain directions with model code of conduct to the Chief Secretaries of the State of U.P. imposing complete ban on transfer during election period, but the Respondents have passed order dated 26.12.2001 posting Komal Chand Jain vice the petitioner.
6. On this Petition the Court passed the following order on 20.2.2002 :
"Heard Counsel for the parties.
The petitioner was transferred by impugned order dated 29.11.2001 and it is stated by the learned Counsel for the Respondent that he was already relieved on 10.12.2001. Hence, we are not inclined to interfere in the impugned order. However, the petitioner may make a representation against the impugned order to the higher authority who may decide the same preferably within a month thereafter in accordance with law. The petition is disposed of. The interim order, if any, is vacated."
7. The Petitioner disputes that he was relieved in pursuance of order of transfer and contends that he did not hand over the charge at Banda.
8. The Contempt Petition Nos. 1572 of 2002 and 678 of 2002 arise out of the order passed in the aforesaid two Writ Petition Nos. 42032 of '2001 and 1206 of 2002. According to the Petitioner he had sent a registered letter dated 2.9.2002 along with certified copy of the order dated 20.2.2001 passed in Writ Petition No. 42082 of 2001, but the authorities did not take any action in spite of repeated reminders and fax message and did not decide his representation filed against the order of transfer. The Court issued notices on the contempt application and response was filed by the Chief Engineer, inter alia, stating that from the representation made by the Petitioner, which is Annexure CA-1 to the Counter Affidavit, it is not clear at all as to which authority the Petitioner had made this representation and, on enquiry being made, it came to light that the Petitioner had neither submitted copy of the order of this Court nor the representation in the office. So far as the fax message is concerned, it is stated that from the copy of the confirmation report itself it is clear that there was error in communication and the fax message was never received by the respondent, and for these reasons the representation could not be decided. It is further submitted that, however, the representation dated 26.2.2002, which was later on received in the office has been decided by the Secretary, Lok Nirman Vibhag by order dated 13.3.2002 by a reasoned order, The order dated 13.3.2002 is appended as Annexure SCA-2. It is stated in the Counter Affidavit that the order of Court was complied in letter and spirit and the delay in deciding the representation in aforesaid circumstances was not wilful. Unconditional apology was also tendered.
9. Contempt Petition No. 678 of 2002 was earlier filed as a Writ Petition, which was numbered as Civil Miscellaneous Writ Petition No. 9616 of 2002. Thereafter, it appears that the same has been converted into contempt petition in pursuance of the order dated 5.3.2002 on an application made by the Petitioner. In this case a supplementary affidavit was filed on 20.3.2002 and the amendment application was allowed by order dated 10.5.2002, but no orders issuing notices were passed. This contempt application was connected with aforesaid Writ Petition Nos. 42082 of 2001, 1206 of 2002 and Contempt Petition No. 1572 of 2002. This petition came up for hearing on 2.4.2003 and the following order was passed :
"Previously this matter has been adjourned on 2 applications and thereafter Counsel for the applicant had sent illness slip on 31.3.2003. Today this case is listed in the Computer List. It has been informed that the cases of Sri D, Kumar arc adjourned till 4.4.2003. List peremptorily on 9.4.2003.
It is made clear that case will not be adjourned on that date on any ground. If there is any personal difficulty, he may make arrangement on 9.4.2003."
10. From the facts stated above it is clear that the Petitioner has challenged order of transfer in which this Court declined to interfere and directed the authorities concerned to decide the representation of the Petitioner, if any, made by him. The authorities have decided the representation filed by the Petitioner, which was received in their office and though there was some delay, but from the Counter Affidavit filed by the authorities in Contempt Petition No. 1572 of 2002 it docs not appear to be wilful.
11. It is also admitted from the facts that Komal Chand Jain has joined as Executive Engineer at Banda in place of the Petitioner and is working there. The services of the Petitioner are transferable. Transfer is an exigency of service and mid-session is also over. He has no right to continue at his place of posting after transfer. Twice in the past the applicant has challenged his order of transfer on one ground or other by means of Writ Petition but the Court had not interfered. The Petitioner has also not corrected the prayer in the Contempt Petition No. 678 of 2002, which was converted from Writ Petition No. 9616 of 2002. Thus, relief of issuance of a writ in the nature of ceriiorari quashing order dated 22.2.2002 and 25.2.2002 passed by Respondent Nos. 2 and 5 and further to allow the Petitioner to continue remain un-amended in Writ Petition No. 9616 of 2002 converted into Contempt Application No. 678 of 2002.
12. There is no prayer for taking any action for wilful disobedience in Contempt Application No. 678 of 2002 of this Court's order dated 20.2.2001 passed in Writ Petition No. 42082 of 2001. It may be noted that the Petitioner in this contempt application had made a request that he may be permitted to continue to remain on the post till current season, which was over in March, 2002. Thus, the Petitioner has failed to make out any case of contempt much less case of wilful disobedience of the order of this Court dated 20.2.2001.
13. Writ Petition Nos. 42082 of 2001 and 1206 of 2002 stand decided accordingly. The representation of the Petitioner has also been decided by the authorities concerned. In view of these facts, noted above, Contempt Petition Nos. 678 of 2002 and 1572 of 2002 arc also dismissed.