JUDGMENT We are distressed to note in this case a piquant situation and that has weighed with us in disposing of finally this petition in terms of short directions. Petitioner came to this Court on 10.7.1991 praying relief inter alia that respondents be directed to allow the petitioner to continue in the post of Sub-Inspector of B.S.F., B.T.C., Tekanpur and further to continue him thereat for a period of 2 years till 30th June 1993. He also prayed for status quo regarding residential quarters to be maintained. He also prayed for the order Annex. P/17 to be quashed but that prayer came by way of amendment because during the pendency of the petition that happened, to which we have referred above. We told Shri Mittal that we are not amused by the conduct of the respondents which we find funny but equally distressing. We expect all authorities of the State to note and learn how to pursue matters in Courts when there is a pending case. On 10.7.1991, partial interim relief was granted to the petitioner directing that he shall not be required to vacate the residential quarters until further orders and notices were issued to the respondents to show cause as to the other reliefs and why the interim relief granted should not be made final. The undisputed position is that the petitioner is staying in the quarter allotted to him. But he is facing a Damocle's Sword under order Annex. P/17, order of his transfer to West Bengal. On 31.2.1992, respondents filed "Interim Reply" in respect to challenge to order Annex. P/17 passed on 26.7.1991. In that interim reply, a statement made at para 4 that "entire establishment of B.TC. in which the petitioner is presently posted has been ordered to be shifted to Indore". It is also stated "respondents have to retain the petitioner at Tekanpur as there is an interim order of the Hon'ble Court". What has baffled us is the urgency which is not projected in the pleading motivating the respondents to pass the order Annex. P/17 during the pendency of the instant petition when interim order was passed on 10.7.1991 asking the respondents to show cause as to why further relief should not be given to the petitioner and that was in respect of the transfer order.
P/17 during the pendency of the instant petition when interim order was passed on 10.7.1991 asking the respondents to show cause as to why further relief should not be given to the petitioner and that was in respect of the transfer order. Senior counsel ought to have prevailed with the respondents to stay their hands to seek light from this Court but they did not do so, they acted in hot-haste and in an unseemly manner, ignoring the pendency of the il\6tant petition. This uncharitable conduct of the respondents is obviously contumacious and it betrays their anxiety to defeat petitioner's cause and make him confront a fait accompli. That apart, the question of malafide also apart, what we find irresistible to conclude is that the respondents had no jurisdiction to pass the order to take away this Court's jurisdiction of granting any relief on adjudicating petitioner's grievance. We do not propose to haul-up the respondents to answer the plea of contempt which the petitioner could press but has reasonably not done so. He is indeed merely concerned to protect his posting at Gwalior to care for adverse circumstances of his family and children which are stated in detail in the petition. We do not take, therefore, any penal action in the matter against the respondents but we are making still a direction to set matters right and make the respondents learn how to behave in a pending judicial proceeding. We quash the impugned order Annex. P/17 but we still allow the respondents (in view of petitioner's own case that he was attached to RT.C. Unit) to move petitioner to Indore, whereto his unit has moved. It would be competent for them to make, if so advised, fresh order in regard to petitioner's transfer to his unit to Indore. In so far as the order of his transfer to West Bengal is concerned, that stands quashed. In terms of the above directions, the petition is disposed of.