JAGDISH SINGH Vs. BASIC SHIKSHA PARISHAD

JUDGEMENT

(1.) The petitioner was transferred by an order passed on 28.7.2000 by the District Basic Education Officer, Banda. In pursuance of the transfer order the petitioner joined on 31.7.2000 at the transferred place. By another order passed on 1.9.2000 the District Basic Education Officer, Banda has cancelled the earlier transfer order. The petitioner in this petition has challenged the order passed on. 1.9,2000.

(2.) I have heard Shri Ashok Gupta the learned Counsel for the petitioner. Shri P.K. Sharma the learned Counsel appearing for the respondent Nos. 1 and 2 and learned the Standing Counsel for the respondents No. 3.

(3.) The argument of learned Counsel for the petitioner is that in pursuance of the transfer order since the petitioner has joined, therefore, the transfer order stood exhausted and it could not be cancelled, cannot be accepted, The Full Bench of this Court in Director Rajya Krishi Utpadan Mandi Parishad, Lucknow and Ors. v. Natthi Lal, (1995) 2 UPLBEC 1128, has held that there is no bar or restriction to the modification, revocation or cancellation of an order of transfer even after it has been implemented. Therefore, the District Basic Education Officer did not commit any error in cancelling the transfer order on the ground that it was illegal