STATE OF U P Vs. JAGANNATH PRASAD GAUR

JUDGEMENT

(1.) By the Court.-The present Special Appeal has been filed against the order dated 7.5.2010 passed by the learned Single Judge whereby while granting time to the parties to exchange their affidavits, the order of transfer of the Petitioners, who have been arrayed as Respondents in the present appeal has been stayed. The learned Single Judge after considering the minutes of the Board, which approved the transfer of the Respondents herein, has prima facie come to the conclusion that the Board has not applied its mind.

(2.) We have heard Sri S.G. Hasnain, learned Additional Advocate General appearing for the Appellant and Sri Vijay Gautam, learned Counsel appearing for the Respondents and have perused the order dated 7.5.2010 passed by the learned Single Judge giving rise to the present appeal, grounds taken in the memo of appeal as also the documents filed along with it.

(3.) Sri S.G. Hasnain, learned Additional Advocate General appearing for the Appellant submitted that the transfers have been effected on administrative ground after the decision of the Board constituted for that purpose and, therefore, the learned Single Judge was not justified in staying the same.