GIAN SINGH Vs. TRANSPORT COMMISSIONER

JUDGEMENT

(1.) The instant petition is directed against the transfer order dated 30.6.2006 (P-1), transferring the petitioners from Faridabad to Sirsa. According to the said order, no TA/DA and joining time was to be admissible to the petitioners as their transfers have been made at their own request. Later part of the order has been challenged on the ground that the petitioners had never requested for transfer and, therefore, such a stipulation could not have been inserted. It has also been urged that the transfer order passed in the aforementioned format smacks mala fide and is vitiated on account of extraneous consideration.

(2.) According to the written statement filed by the respondents, the stand taken in preliminary submissions is that inadvertently the stipulation was added with regard to transfer on request and non-grant of TA/DA as well as joining time. It has further been clarified that when the aforementioned fact came to the notice of the respondents, the Transport Commissioner directed passing of proper order. Accordingly, order dated 30.6.2006 (P-1) has now been superseded by order dated 31.7.2006 (R-1). It has now been clarified that the petitioners would be entitled to TA/DA and joining time as admissible under the Rules. It has further been clarified that the transfer is on administrative ground and in the public interest.

(3.) Having heard learned Counsel for the parties we find that any inadvertent mistake committed by the authorities in passing the impugned order dated 30.6.2006 (P-1) cannot lead to an inference that the order was the result of any mala fide or extraneous consideration as the transfer of the petitioners has been ordered during general transfers. It is not possible to accept the contention that the Court must presume mala fide or some extraneous consideration. The offending part of the order dated 30.6.2006 (P-1) has now been rectified by passing another order on 31.7.2006 (R-1), which is sustainable in the eyes of law. We find no merit in the petition.