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2004 DIGILAW 378 (JHR)

U. P. Singh v. Union Of India

2004-04-08

AMARESHWAR SAHAY

body2004
ORDER Amareshwar Sahay, J. 1. In this writ petition the petitioner has prayed for quashing the order dated 26.4.2002 as contained in Annexure- 8, whereby the petitioner has been directed to proceed on posting on transfer. 2. It is stated that by issue of Annexure-4, the order dated 4.4.2002, the petitioner was transferred to CISF Unit NALCO at Angul in Orissa. The petitioner, vide his representation dated 8.4.2002 to the respondent No. 2 stated in detail as to how he was being harassed by frequent transfers. On the basis of the representation filed by the petitioner, an enquiry was constituted and the order of transfer was stayed. It is further stated that the transfer order dated 2.4.2002 and the order dated 4.4.2002 were cancelled. 3. The grievance of the petitioner is that though the enquiry is still pending and the earlier order of his transfer dated 2.4.2002 and 4.4.2002 have already been cancelled but the respondents in order to harass him have again by issue of Annexure-8 dated 26.4.2002 have directed the petitioner to move on posting. 4. Though the respondents in their counter affidavit have controverted the statements made in the writ petition but, as it appears, this facts has not been denied that the enquiry constituted on the representation of the petitioner against the transfer order is still pending and continuing and no final order has yet been passed. 5. In that view of the matter, without interfering with the order of movement contained in Annexure-8, it is hereby directed that the respondents must complete the enquiry and pass in final order within a period of two months from today, if not already disposed of. 6. Till the enquiry is completed and final decision in that regard is taken by the respondents the movement order contained in Annexure-8 shall not be given effete to and it shall be kept in abeyance. 7. This writ petition is disposed of with the above directions.