RAJENDRAPRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the order dated 3.1.1995 passed by the learned Single Judge in C.W.J.C. No. 2948 of 1994(R).

(2.) While the appellant and respondent No. 2 were working as the Motor Vehicle Inspector (In short 'M.V.I.'), by the Government notification dated 18.10.94, respondent No. 2 was transferred from Jamshedpur to Chaibasa and the appellant was transferred from Ranchi to Jamshedpur and the incumbent who was working as M.N.I. at Chiabasa was transferred to Ranchi. Respondent No. 2 impugned the notification dated 18.10.94 in C.W.J.C. No. 2948 of 1994(R) in this Court, contending that he was transferred from Jamshedpur only after working there for about one year four months in violation of the policy decision of the Government for extraneous reason at the behest of respondent No. 6, who was the Member of Parliament.

(3.) C.W.J.C. No. 2948 of 1994 (R) was filed on 8.11.94. By the order dated 17.11.94, notice was issued to the respondents and also an interim order was passed in the petition directing the respondents not to give effect to the impugned notification dated 18.10.94 so far as it related to respondent No. 2 (the writ petitioner) and the appellant (Respondent No. 5) to the writ-petition) in the meantime. The appellant (respondent No. 5 in the writ-petition) filed an application on 28.11.94 with the prayer to vacate the interim order passed on 17.11.94 contending that in pursuant to the notification dated 18.10.94 he had reported for duty on 4.11.94 after being relieved from the post of M.V.I. at Ranchi. But respondent No. 2 (the writ petitioner) not having handed over charge the Deputy Commissioner, Jamshedpur by order dated 7.11.94, directed respondent No. 2 (the writ petitioner) to hand over charge forthwith and to join his duty at Chaibasa. But in spite of the order of the Deputy Commissioner, respondent No. 2 (the writ petitioner) did not hand over charge and thereafter as per the order of the Deputy Commissioner the appellant assumed charge of M.V.I. at Jamshedpur on 7.11.94 and respondent No. 2 (the writ petitioner) was relieved from the post of M.V.I., Jamshedpur on that date. By suppressing aforesaid fact in the writ-petition, interim order dated 17.11.94 was obtained.