MADAN LAL Vs. STATE

JUDGEMENT

(1.) PETITIONER seeks review of the order dated: 27 -07 -2001 passed in SWP No: 138/ 2001, whereby the writ petition has been dismissed. Review of the order is sought on the ground that the petitioner has not been heard whereas the court took up the matter and decided it and that the writ petition has been decided without service of respondent No. 2 at whose instance the order of transfer of the petitioner has been passed, which is evident from the endorsement of the impugned order.

(2.) PETITIONER , Stock Assistant, was transferred and posted at R.P. Check Post, Lakhanpur vice Sh. Chaman Lal, Stock Assistant vide order dated: 30 -12 -2000. The petitioner has joined against the post. On 22 -01 -2001 respondent No. 3 modified order on the ground that petitioner has already given two tenures at Lakhanpur and posted respondent No. 5, Raja Ram, in place of the petitioner. This order was challenged by means of writ petition which has been dismissed without reply affidavit of the respondents, though the petition was admitted on August 20, 2001.

(3.) HEARD learned counsel for the parties. Mr. Raina, learned counsel for Respondent No.5 has submitted that respondent No.3 was competent to pass order dated: 22 -01 -2001. Both orders dated: 30 -12 -2001 and 22 -01 -2001 have been passed by the same Officer who was aware that petitioner had already served two tenures at a particular place. Order of dismissal of the writ petition requires no review as it does not suffer for any illegality.