SHAHNAWAZ BUKHARI Vs. HAJ COMMITTEE OF INDIA

JUDGEMENT

(1.) By instituting this writ petition dtd. 9/5/2022, the petitioner takes exception to the order dtd. 7/4/2022, issued by the Deputy Chief Executive Officer, (Accounts), Haj Committee of India (hereafter 'HCoI', for short) as well as the order dtd. 14/4/2022, issued by the same officer. The first of the impugned orders dtd. 7/4/2022 transferred the petitioner, an Upper Division Clerk working under the HCoI, from Mumbai and required him to report, latest by 11/4/2022, to the Liaison office of HCoI at Dariyaganj, New Delhi and to work under the supervision of Mr. Mohammed Sultan Khan, In-charge, Liaison Office, New Delhi till further orders. Immediately after receipt of the transfer order, the petitioner by his representation dtd. 8/4/2022 had requested the Chief Executive Officer, HCoI to keep the order of transfer in abeyance for at least 20-25 days on the ground that his mother, aged about 75 years, was suffering from various ailments and weaknesses and that his three children are due to appear in ensuing examinations. The representation of the petitioner dtd. 8/4/2022 stood rejected by the second of the impugned orders dtd. 14/4/2022.

(2.) This writ petition was moved during the summer vacation before a co-ordinate bench of this Court on 11/5/2022. The bench restrained the respondents from taking any coercive steps against the petitioner till 22/6/2022 and posted the writ petition for hearing before the regular court, while directing exchange of affidavits by the parties in the meanwhile. Interim relief was expressly granted by the bench, considering grounds (i) and (j) urged in support of the relief claimed in the writ petition.

(3.) Interim relief was extended on June 20, 2022 by one week, whereafter the writ petition was heard finally in the presence of Mr. Marne, learned advocate for the petitioner and Mr. Shukla, learned advocate for the respondents.