MUKESHBHAI NATHABHAI BHOI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for an appropriate writ, order and/or direction quashing and setting aside the impugned orders dated 10th June,2008, 4th December,2008 and 31st July,2007 and directing respondent Nos. 1 to 3 to pass appropriate order retransferring the petitioner to Mansar Taluka Shala, Dhroll or in any of the Schools situated in Dhroll Taluka, District: Jamnagar.

(2.) IN the present petition, the allegation made is that while transferring the petitioner, respondent no. 6 is also transferred and an order has been passed transferring respondent no. 6 but subsequently vide order dated 3rd December,2008, the order of transferring respondent no. 6 has been suspended. The malafides are alleged in the petition.

(3.) MR. P. V. HATHI, learned advocate appearing on behalf of respondent no. 3 has stated that as such due to the representation made by respondent no. 6 pointing out his family circumstances and as his children were studying, request of respondent no. 6 was considered and the order transferring respondent no. 6 was suspended. It is submitted that now the reason, for which the order was suspended, does not survive. The examinations of the children are over and respondent No. 3 to act upon the order dated 10th June,2008, transferring respondent no. 6 to the transferred place within a period of 10 days from today and respondent no. 6 will be relieved. Respondent no. 3 is directed to act accordingly. In view of this, the allegation of malafide does not survive and is not required to be dealt with.