ASHIM KUMAR BARUAH Vs. TANUSHYAM BORGOHAIN

JUDGEMENT

(1.) Heard Mr. K.N. Choudhury, learned counsel appearing for the appellant/respondent No. 3 (in W.A. 142/98), Ms.N. Saikia, learned Govt, Advocate appearing for the appellants/ respondents (in W.A. No. 12S/98) and Mr. B.D. Konwar, learned counsel appearing for the respondent/writ petitioner (in both the appeals).

(2.) This rig marole has been goingon between two Executive Engineers under orders of transfer. The matter has come before this Bench not once, or twice, but thrice, at the interim stage, challenging the order passed by the learned Single Judge, Out of deference to the learned Single Judge, this Court sitting in appeal did not think it proper to pass any order except invoking the provision of Article 226(3) of the Constitution of India to put an end to the interim orders and leaving the matter entirely to the learned Single Judge tor disposal. But that was not to be. Since an interim order was passed again on 12.6.98 in Misc. Case No. 606of 1998 in Civil Rule No. 1434/98 making the following direction :

(3.) It is in these circumstances that the matter has again been listed before us.