By means of this writ petition the petitioner is seeking a direction to quash the order dated 6.1.2014 by which the petitioner has been transferred from Kasba Moradabad to Samaathal, Moradabad whereas Shareef Ahmad on whose place the petitioner has now been posted, has been transferred at Kasba Moradabad.
Learned counsel for the petitioner submits that the said transfer order has been passed pursuant to the order in Writ Petition No. 70757 of 2013 dated 20.7.2013 wherein Shareef Ahmad came to this Court seeking a direction that in spite of transfer order dated 12.7.2013 he is not being relieved.
According to the learned counsel for the petitioner, the aforesaid order of this Court was obtained by concealment of facts as Shareef Ahmad was already transferred and had joined at Samaathal on 24.8.2013 itself and now pursuant to the aforesaid order dated 20.12.2013 Shareef Ahmad has manipulated his transfer back to Kasba Moradabad. In fact the petitioner is seeking modification of the order dated 20.12.2013 to submit that such an order has been obtained by concealment of facts.
If any modification of the order is required, then the petitioner has to approach the same Bench which passed the order.
Accordingly, put up this matter before Hon'ble Mr.Justice Sudhir Agarwal as fresh in the next week.
Sri Ran Dhir Singh, learned counsel has put in appearance on behalf of respondent no.5.
Order Date :- 28.1.2014 SKM