ARJUN SINGH Vs. RANJIT SINGH

JUDGEMENT

(1.) Mr. D.A. Bambhania raised a preliminary objection that these writ petitions are not maintainable as the petitioners had challenged the order of transfer earlier before this Court and the writ petition has already been dismissed. The same transfer order has been challenged by the petitioners in this writ petition and as such the same are not maintainable. On the other hand, the learned Counsel for the petitioners made submission on merits of the case challenging the order of transfer. So far as the preliminary objection of the learned Counsel for the respondent is concerned, the learned Counsel for the petitioner contended that the petitioners were given the right to make representation to the respondent against the order of transfer but that representation has not been decided and as such this writ petition is maintainable. It has next been contended that the action of the respondent to defer the decision on the representation of the petitioner till they report to the new unit where they have been ordered to be transferred is wholly illegal and arbitrary. I have given my thoughtful consideration to the submissions made by the learned Counsel for the parties.

(2.) The petitioner in paragraph 14(a) of the writ petition has prayed for quashing and setting aside the impugned transfer orders Annexures "A" and "B". A further prayer has been made for quashing of Annexure "D". The aforesaid prayer reads as under: "14(a). issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction quashing and setting aside the impugned transfer orders at Annexures A and B and also the order at Annexure "D" and further directing the respondents not to disturb the petitioner from his original posting at Ahmedabad."

(3.) The learned Counsel for the petitioners does not dispute that these very transfer orders were subject matter of challenge by the petitioners in Spl. Civil Application No. 10817/95. In paragraph (3.3) of these petitions, the petitioner has made a submission: