SATYA NARAYAN LAKRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The point for consideration in this appeal is as to whether in the fact and circumstances of this case the view taken by the Apex Court in the case of Sarguja Transport Service v. Stare Transport Appellate Tribunal, Gwalior and others reported in AIR 1987 SC 88 is applicable or not.

(2.) In order to enter into the domain of the contending claims of the respective parties it would be appropriate to portray the factual backgrounds: The appellant being aggrieved by the notification dated 8.9.95 transferring him to Lohardagga moved this court in C.W.J.C. No. 3022/95 (R). The said writ application was filed on 19.10.95 and before any effective order was passed, the private respondent No. 5 filed his counter-affidavit on 15.11.95. The case was listed for admission before a learned Single Judge on 9.12.95 when the said writ application was permitted to be withdrawn by the following order:

(3.) From the aforesaid order it is clear that while withdrawing the aforesaid writ application no permission was sought for by the learned Counsel for the petitioner for filing a fresh writ application. However the same notification dated 8.9.95 was again impugned in CWJC No. 8/96 (R). Paragraph 2 of he said writ petition discloses the reasons for withdrawing the earlier writ application and filing the present one i.e. CWJC 8/96 (R) by stating as follows: