ARWINDER SINGH Vs. CHIEF ENGINEER

JUDGEMENT

(1.) A perusal of the pleadings of the instant writ petition reveal that there is a tug of war between petitioner and respondent No.3 for posting at Ablowal Sub Division (under BML Circle), Patiala. The petitioner was transferred to Ablowal Sub Division for the first time by an order dated 14.09.2004. The aforesaid order of transfer was, however, cancelled, within a span of about two weeks, on 29.09.2004. The petitioner was again transferred to Ablowal Sub Division on 01.10.2004 i.e. within a few days of the cancellation of his transfer. Yet again the order of transferring the petitioner to Ablowal Sub Division was cancelled on 9.11.2004. It seems that the petitioner again managed his transfer to Ablowal Sub Division i.e. for the third time, through an order dated 9.12.2004. Again this order of transfer of the petitioner was cancelled on 23.12.2004.

(2.) The petitioner impugned the cancellation of his transfer order dated 23.12.2004 by filing Civil Writ Petition No. 1701 of 2005. The aforesaid writ petition was disposed of by a Division Bench of this Court, by requiring the respondents to take a final decision on the matter, after reconsidering the claim of the petitioner and respondent No.3. In the meantime, the Division Bench directed that the operation of the order dated 23.12.2004 would remain stayed. In obedience to the instructions issued by this Court in Civil Writ Petition No. 1701 of 2005, the authorities found respondent No.3 as more suitable for being posted as Ablowal Sub Division. Accordingly, respondent No.3 was posted as such, by an order dated 25.08.2006. Although the order dated 25.08.2006 had been passed in furtherance of the directions issued by this Court in Civil Writ Petition No. 1701 of 2005, yet it seems that the petitioner maneuvered his transfer, to Ablowal Sub Division, through the Minister Incharge, who passed an order dated 6.10.2006 (Annexure R-3/X), cancelling the posting of respondent No.3 at Ablowal Sub Division. Yet again the transfer of the petitioner to Ablowal Sub Division has been cancelled by an order dated 14.09.2006.

(3.) This order is again subject matter of challenge at the hands of the petitioner through the present writ petition. It is unfortunate that the authorities had succumbed to the pressure exerted by the petitioner and respondent No.3 alternatively to accept their posting at Ablowal Sub Division. In the process, two writ petitions also came to be filed. Not only unnecessary time of the respondents came to be wasted, even precious judicial time of this Court was wasted, for a petty matter like the one in hand, wherein, both the rival parties are seeking their posting at Ablowal Sub Division.