JUDGMENT : Learned counsel for the appellant relying on a Supreme Court judgment reported in Prakash Singh and others Vs. Union of India (2006) 8 SCC 1, submitted that the appellant's transfer was contrary to the proposal made by the Board, which was constituted in compliance to the aforesaid judgment. When the matter was earlier heard, the learned Dy. Govt. Advocate was granted time to seek instructions in the matter and inform this Court as to whether the proposal for transfer of the appellant has been made by the State Government in terms of the aforesaid judgment of the Apex Court or not. The learned Govt. Advocate informs that he has filed a reply stating therein that the Board did not approve the proposal of transfer of the appellant. We are of the view that prima facie a case for admission of the appeal is made out. Appeal is admitted for final hearing. Shri S.D. Mishra, learned counsel who earlier appeared on behalf of the private respondent in the writ petition on the request made by the appellant appeared today and submitted that he has no instructions in the matter and, therefore, let notice be issued. On payment of P.F. Within a week through registered post with A.D., issue notice to the respondent No.5. Notices be made returnable within six weeks. It is further provided that the appellant shall be at liberty to serve the contesting respondent personally and file an affidavit of service within three weeks. In the event the respondent is served, the appeal shall be listed for final disposal. Looking to the facts of the case and also considering the submissions made before us, and also in view of the statement made by the learned counsel for the appellant that the appellant has already been relieved and in his place the respondent No.5 has already submitted joining, it is provided that it would be open to the appellant to join at the transferred place, however, that would be subject to the final outcome of this appeal. Certified copy as per rules.