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Judgment
10 paragraphs · 259 wordsAjai Lamba, J.—This petition under Articles 226/227 of the Constitution of India has been filed praying for issuance of a writ in the nature of certiorari quashing order dated 30.9.2009 (Annexure P-2) whereby the petitioner has been transferred.
In order dated 12.10.2009, the following has been noticed:
Learned Counsel contends that vide Order, Annexure P-1, petitioner (Ranjit Singh) was transferred from Dala to Her in the place of Ashwani Kumar on 31.8.2009 while serving as Patwari. Vide order, Annexure P-2, however, on 30.9.2009 itself, again the order has been reversed. Ashwani Kumar has been posted back at Her whereas the petitioner has been sent to Gagar Mal.
In Para 4 and 5 of the petition, specific allegations of malafide have been made against respondent No. 3.
Learned Counsel contends that although transfer is the prerogative of the employer - Government, however, no justification can be found in transferring Ashwani Kumar back to Her even though he has completed a term of three years at that station. The petitioner has been transferred twice in a month''s time.
Notice of motion for 10.2.2010.
In the meanwhile, Annexure P-2 shall be kept in abeyance.
Copy of the order be given under the signature of the Reader of this Bench.
Learned Counsel for the respondent-State, on instructions from Deputy Commissioner, Amritsar, states that the petitioner can continue to serve as Patwari at Heir, Tehsil and District Amritsar.
In view of the statement given on behalf of the respondents, the matter has been rendered infructuous and is disposed of as such.
