USHA TIWARI Vs. STATE OF M P

JUDGEMENT

(1.) THE present application has been filed by the applicant praying for similar order as it has been passed by a Division bench of this Court in Writ Appeal No. 138/2009 (Ku. Shashi kanta Kesri vs. State of M. P. and another ).

(2.) SHRI Praveen Verma, learned counsel for the petitioner contends that in a similar case in Writ Appeal No. 138/2009 (supra) a Division Bench of this Court has allowed the said writ appeal against the order passed by learned single Judge and a direction has been given to the respondents to pass an appropriate order as is required in the facts and circumstances of the case. It is further submitted by him that the Division Bench has ultimately held that there was no justification for transfer of the said petitioner and on this ground the writ appeal has been allowed.

(3.) WE have perused the order on which reliance is placed upon by the learned counsel for the petitioner in this application. The order passed in W. A. No. 138/2009 (supra) in paragraph-5, reads as under:-