STATE OF J&K Vs. BINDO RAM

JUDGEMENT

(1.) THIS order shall dispose of Service Writ Petition (SWP No: 882/99) also out of which this appeal has arisen.

(2.) THE Addl. Director General of Prisons/Fire Services in the interest of administration transferred and posted the appellant in District Jail, Kathua alongwith the post. This order was passed on 12 -03 -1999. The operation of this order was stayed by this court on 10 -05 -1999. This was subject to filing of the objections. The objections have been preferred. The interim order continues to operate. The State has filed an appeal. As indicated above the parties were agreeable to the hearing of the writ petition itself. In these circumstances, the writ petition has also been taken up for disposal.

(3.) THIS view was again followed in Union of India Vs. S.L. Abbas (1993) 4 SCC 357 and it was observed that courts are not to interfere unless and until the order of transfer is vitiated by malafide consideration. See also Rajinder Rao Vs. Union of India JT (1992) 6 SCC 732.