This Letters Patent Appeal challenged a Single Judge's refusal to interfere with a transfer order. The court dismissed the appeal, holding the appellant failed to substantiate the claim that the transfer was ordered by an incompetent authority.
The appeal filed under Clause X of the Letters Patent was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
LPA No. 922 of 2010 (O&M)
Date of Decision: August 5, 2010
Suresh Kumar Kaushik
…Appellant
Versus
State of Haryana and others
…Respondents
CORAM: HON'BLE MR. JUSTICE M.M. KUMAR
HON’BLE MR. JUSTICE A.N. JINDAL
Present: Mr. Jagdeep Singh, Advocate, for the appellant.
M.M. KUMAR, J.
The appeal filed under Clause X of the Letters Patent challenges order dated 30.7.2010, passed by the learned Single Judge in CWP No. 13436 of 2010. Learned Single Judge has refused to interfere in the order of transfer passed by the respondents. The argument that the transfer has been ordered by an authority lower than the competent authority has been rejected. Even before us, there is nothing to substantiate the aforesaid argument. A glance at the relieving order dated 17.7.2010 (P-2), does not show that the transfer of the petitionerappellant has been ordered by an authority lower than the competent
LPA No. 922 of 2010 (O&M)
2
authority. In the relieving order a reference of an order passed by the Civil Surgeon, Mewat Mandikhera, dated 14.7.2010, has been made. However, the petitioner-appellant has not been able to produce either before the learned Single Judge or before us the relevant order to substantiate his submission that the transfer has been ordered by an authority lower than the competent authority. There is no merit in the appeal warranting admission. Dismissed.
(M.M. KUMAR) JUDGE
(A.N. JINDAL) August 5, 2010 JUDGE
Pkapoor
2 issues framed by the court
Whether the transfer order should be quashed for being passed by an incompetent authority?
Whether the appeal filed under Letters Patent warranting admission?
Suresh Kumar Kaushik
State of Haryana
M.M. Kumar
A.N. Jindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
