The petitioner challenges a transfer order from Faridabad to Rewari and seeks stay; the court dismisses the writ petition as the petitioner has already filed a civil suit challenging the transfer.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
C.W.P. No. 9378 of 2009
DATE OF DECISION : 02.07.2009
Satpal Sagar
.... PETITIONER
Versus
Haryana Vidyut Prasaran Nigam Ltd., Panchkula and others
..... RESPONDENTS
CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL
Present: Mr. Rajesh Arora, Advocate, for the petitioner.
SATISH KUMAR MITTAL , J. ( Oral )
The petitioner, who is working as Junior Engineer at Faridabad since the year 2004, has filed the instant petition challenging his transfer order dated 27.2.2009, transferring him from Faridabad to Rewari. After his relieving from the post at Faridabad, he did not join his new place of posting and filed a civil suit challenging his transfer. Initially, Additional Civil Judge passed an order of status quo on his application for temporary injunction, but the said order of status quo was vacated by Additional District Judge, on an appeal filed by the department, while coming to the conclusion that the petitioner has failed to make out a prima facie case for interim injunction. It was further held that it has not been shown that the alleged transfer was malafide or biased. Against the said order, the
CWP No. 9378 of 2009
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petitioner filed a revision petition in this Court, which was subsequently withdrawn with liberty to file the present writ petition. The civil suit filed by the petitioner is still pending and the same has not been withdrawn so far. Since the petitioner has already availed the remedy of civil suit challenging the impugned transfer, therefore, this writ petition is not maintainable.
Dismissed.
July 02, 2009 ndj
( SATISH KUMAR MITTAL ) JUDGE
Satpal Sagar
Haryana Vidyut Prasaran Nigam Ltd., Panchkula
SATISH KUMAR MITTAL
As recorded by the court registry
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