DEVENDRA SINGH Vs. SUPERINTENDENT OF ARCHEOLOGIST

JUDGEMENT

(1.) The appellant, who is an employee of the Archeological Survey of India, was transferred from Almora to Roorkee vide an order dated 19.04.2010. On the same day, i.e. on 19.04.2010, he was also relieved from his posting at Almora. Dissatisfied with the order dated 19.04.2010, the appellant approached this Court by filing Writ Petition (S/S) No. 274 of 2010. The aforesaid writ petition was disposed of by an order dated 23.04.2010, wherein this Court issued a direction to the respondents to sympathetically consider the claim of the appellant herein and pass an order within two weeks. In compliance with the directions issued by this Court on 23.04.2010, respondent No. 1 herein passed an order dated 11.05.2010, rejecting the representation of the appellant.

(2.) The order dated 11.05.2010, passed by respondent No. 1, was assailed by the appellant by filing Writ Petition (S/S) No. 380 of 2010. The aforesaid writ petition was dismissed by a learned Single Judge of this Court on 01.06.2010. Through the instant Special Appeal, the appellant has assailed the order dated 01.06.2010 passed by a learned Single Judge of this Court, dismissing Writ Petition (S/S) No. 380 of 2010.

(3.) The solitary contention advanced by the learned counsel for the appellant is, that respondent No. 1 was required to decide the representation filed by the appellant sympathetically, however, the same had not been decided sympathetically. Furthermore, it is contended, that in the original order of transfer dated 19.04.2010, no reasons were depicted for the transfer of the appellant. Accordingly, it is contended that, the reasons depicted in the present order passed by respondent No. 1, rejecting the representation of the appellant, cannot be read as the basis of passing the original order of transfer.