LAWS(MPH)-2014-3-44

HARENDRA SINGH RATHORE Vs. YOGENDRA BHARGAVA

Decided On March 12, 2014
Harendra Singh Rathore Appellant
V/S
Yogendra Bhargava Respondents

JUDGEMENT

(1.) The appellant has filed this appeal against the order dt.7.10.2013 passed by the Writ Court in W.P. No.4447/2013 (S).

(2.) The respondent No.1 challenged the order of transfer dt.4.4.2013 before the Writ Court. The Writ Court disposed of the writ petition with direction to decide the representation in accordance with law. An interim order was also passed by the writ court. Thereafter, the representation of the respondent No.1 was rejected. He again challenged the order before the Writ Court. The Writ Court allowed the writ petition and quashed the order of rejection of representation of the respondent No.1. The court made observation that the appellant was on deputation and the period of deputation came to an end on 4.4.2013, hence, the appellant was not competent to be posted on the post. This fact was not considered by the authority. It is also a fact that subsequently the deputation of the appellant was extended. However, the fact remains that on the date when the representation of the respondent No.1, as ordered by the writ court, was considered by the competent authority, the period of deputation of the appellant was over and this fact was not taken into consideration by the authority in rejecting the representation of the respondent No.1.

(3.) Consequently , we do not find any merit in this appeal. It is hereby dismissed. No order as to costs.