DISTRICT DEVELOPMENT OFFICER AHMEDABD Vs. KINJALATA CHANDULAL CHOKSHI

JUDGEMENT

(1.) WE have heard Ms. Roma Fidelis, learned counsel appearing for the appellant, Mr. Satyam Chhaya, learned counsel appearing for respondent No.22 and Ms. Monali Bhatt, learned Assistant Government Pleader appearing for respondent Nos.20 and 21. The matter has been taken up in second round, Mr. G. Ramakrishnan, learned counsel appearing for respondent Nos.1 to 19 is not present either in the first round or when the matter is taken up in the second round.

(2.) THIS Letters Patent Appeal has been filed challenging the interim order dated 1.9.2006 passed by the learned Single Judge in Special Civil Application No.17861 of 2006 with Special Civil Application No.18024 to 18041 of 2006 whereby the learned Single Judge granted interim relief by staying the transfer order dated 31.7.2006 of the respondent Nos.1 to 19 herein.

(3.) IT cannot be disputed that the transfer has been made due to administrative exigencies and in our opinion, transfer being incidence of service, the learned Single Judge was not justified in granting interim relief in matters of transfer.