BRIJENDRA PRATAP SINGH Vs. STATE OF U P

JUDGEMENT

(1.) R. A. Sharma, J. The petitioner, who is Mines Officer in the department of Geology and Mining, U. P. , has filed this writ petition challenging the order dated 26-8-1997, by which he has been trans ferred from Sonebhadra to Gorakhpur. By the same order Sri Ramayan Pratap Singh, respondent No. 4, has been transferred from Gorakhpur to Sonebhadra.

(2.) SRI Ramayan Pratap Singh (Respondent No. 4) has filed counter-af fidavit and the petitioner has filed rejoinder-affidavit in reply there to. But neither the Government of U. P. nor the Director, Geology and Mining, U. P. (here in after referred to as the Director), have filed counter-affidavit, even though time was granted to them for the purpose. We have heard learned Counsel for the parties.

(3.) IT is true that four orders on four different dates were passed transferring the petitioner from one place to another, but all those orders, except the impugned order, were merely paper transactions be cause he did not join at the places to which he was transferred by those orders and remained in Sonebhadra throughout. The petitioner has not stated in the writ peti tion that he joined at Lucknow or at Gorakhpur pursuant to the orders dated 19-7-1997 and 5-8-1997. In paragraph 22 of his counter- affidavit the respondent No. 4 has stated that the petitioner neither joined at Lucknow nor did he join at Gorakhpur pursuant to the transfer or ders dated 19-7-1997 and 5- 8-1997 and he continued to remain in Sonebhadra. The petitioner has not stated even in the rejoinder- affidavit that he joined at Luck-now or at Gorakhpur pursuant to the above orders. By the third order dated 13-8-1997 the petitioner's posting at Sonebhadra was restored to him. For all practical purposes the impugned order dated 26-8-1997 is the only order by which he was been transferred from Sonebhadra to Gorakhpur. Hence it cannot be said to be a case of frequent successive transfer in a short span of time. The first submission, therefore, is rejected.