KIRITKUMAR M BRAHMBHATT Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) The petitioner who is serving as Senior P S I at Anand District Kheda challenges the legality and the validity of an order of his transfer from Kheda South to Computer Centre Gandhinagar. Earlier by an order dated 4/09/1983 it was directed that the petitioner be transferred from Anand to Gandhinagar District. The petitioner challenged the said order by way of Special Civil Application No. 4284 of 1983. The operation and implementation of the order of transfer was stayed by this Court and that is bow the petitioner is still at Anand. There is Do dispute with regard to the fact that the petitioner in serving at Anand for last about four years. The petitioner has challenged the legality and validity of the order of transfer without producing a copy of the order on record. However the counsel for the respondents has produced a copy of the said order which is dated 8/07/1986

(2.) It is alleged that the order of transfer is actuated by mala fides. According to the petitioner the interim relief granted by this Court in earlier petition (Special Civil Application No. 4284 of 1983) was in operation and yet the order of transfer has been passed. The respondent-authority had initially considered the case of officers in whose respect the Court had granted stay and made an endorsement to the effect that not to be disturbed because they are on stay. Thus while other officers who have been protected by the order of stay granted by one or other court are not disturbed but the petitioner alone is disturbed. Therefore it should be held that the petitioner is singled out and hence it should be inferred that the order of transfer is actuated by mala fides.

(3.) In order to appreciate the aforesaid contention raised on behalf of the petitioner the ad interim and interim orders passed by this Court in the earlier petition (Special Civil Application No. 4284 of 1983) may be examined. On 5-9-1983 the Court (V. V. Bedarkar J. as he then was) passed the following order: