RATNAKAR SINGH CHOUHAN Vs. STATE OF M P

JUDGEMENT

(1.) THE petition is directed against the order dated 29-10-1998 passed in O. A. No. 1583/98 whereby the M. P. Administrative Tribunal, Jabalpur disposed of the petition of petitioner Ratnakar Singh Chouhan as having become infructuous in view of the fact that subsequent order relating to the transfer dated 10-9-1998, whereby the petitioner was transferred as Commissioner, Municipal Corporation Rewa and also the order dated 17-9-1998, whereby the petitioner was transferred as Deputy Director/project Officer, District Urban Development Authority, Satna have not been challenged. Heard the learned counsel for the petitioner, Shri R. N. Singh.

(2.) LEARNED counsel for the petitioner made three-fold submissions. Firstly, the petitioner is not under the obligation to challenge the orders which are passed during the pendency of the matter before the Service Tribunal especially in the case where the Tribunal has granted interim relief staying the operation of the order dated 25-7-1998, whereby the order of the transfer of the petitioner was amended and he was transferred as Dy. Director, Urban Administration, Rewa. Secondly the Service Tribunal after having satisfied granted the interim relief staying the operation of the order dated 25-7-1998, was not competent to dismiss the petition as having become infructuous. Thirdly, the frequent transfers especially in the case of mala fides, which though were not dealt with by the Service Tribunal, but the Tribunal saddled the respondent-State for paying Rs. 1,000/- as cost to the petitioner which in fact is in the background of uncontrolled frequent transfers.

(3.) SO far as first submission is concerned, it has no substance as after passing of the subsequent orders dated 10-9-1998 and 17-9-1998 the earlier order lost its efficacy and the petitioner no more remain aggrieved, which in fact became non est. If he was aggrieved with the subsequent order, then he should have amended his petition as he did in the case of order dated 7-8-1998, whereby he was transferred as Additional Commissioner, Nagar Nigam Jabalpur, and which order was challenged by making amendment in O. A. No. 1583/98.