RAJENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner, Dr.Rajendra Singh, a Medical Officer with the PMHS, feeling aggrieved by his transfer order dated 29.6.04 transferring him from World Bank Project, Jhansi as Deputy C.M.O., Banda, has filed a second writ petition challenging the same very order of transfer. Earlier Writ Petition No.889 (SB) of 2004 was filed by him challenging the aforesaid transfer order, which was dismissed by a Division Bench of this court, vide order dated 31.8.2004 after finding that there was no illegality in the transfer order with the clarification that this order would not come in the way in deciding the representation of the petitioner. Thereafter it appears that the petitioner filed a review petition against the aforesaid order, 9which was also dismissed, vide order dated 10.9.04. After being unsuccessful in challenging the transfer order and having met with failure in the writ petition and also in the review petition, this second writ petition has again been filed challenging the same very transfer order.

(2.) Dr. Rajendra Singh, who appears in person, in support of his case submitted that since various pleas could not be taken in the earlier writ petition, therefore, this writ petition has been filed. The prayer in this writ petition is also for issuing a direction for deciding the representation made by the petitioner against the transfer order and for quashing the transfer order dated 29.6.2004. The petitioner having already filed one writ petition challenging the transfer order dated 29.6.2004 cannot be allowed to challenge the same order by filing another writ petition. The earlier writ petition was dismissed on merits and the review petition has also been rejected. In these circumstances, a second writ petition challenging the transfer order is not maintainable and cannot be entertained.

(3.) The petitioner also raised a grievance, that WHO Fellowship in Thailand has been granted to him but the State Government is not giving 'No Objection Certificate' and, therefore, the prayer is that a direction be issued to the State Government to grant 'No Objection Certificate' to the petitioner. In the writ petition there is no such prayer but only orally it has been urged by the petitioner. Since no such relief has been claimed in the writ petition, we cannot entertain this plea and no such interim relief can be granted. However, it will be open to the petitioner to pursue his case before the State Government, as per rules, for seeking 'No Objection'.