Dismissed

Kuldeep Chand v. State of Haryana and Ors.

Punjab & Haryana HC20 Aug 2019CWP/6028/2019

Case brief

AI extract

What is this about?

This single-sentence order, passed by Justice Amit Rawal, dismissed the petitioner's writ petition concerning a transfer issue as infructuous because the government had already withdrawn the impugned transfer order by a subsequent date. The court ruled that the aggrieved party can separately challenge the withdrawal order.

What did the court decide?

the writ petition was disposed of as infructuous; liberty granted to challenge the withdrawal order later.

Kuldeep Chand Vs State of Haryana and Ors. — Service and Employment | Punjab & Haryana HC (2019)

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YOGESH SHARMA 2019.08.27 16:34 I attest to the accuracy and integrity of this document 1

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CWP-6028-2019 (O&M)

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255-1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP-6028-2019 (O&M) Date of decision : 20.08.2019

Kuldeep Chand

... Petitioner

Versus

State of Haryana and others

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... Respondents

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CORAM: HON'BLE MR. JUSTICE AMIT RAWAL

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Present: Mr. Karan Nehra, Advocate for the petitioner.

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Mr. Gaurav Jindal, Addl. A.G., Haryana.

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Mr. Sunil K. Nehra, Advocate for respondent No.4. ****

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AMIT RAWAL, J. (ORAL)

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Written statement filed on behalf of respondent Nos.1 to 3, in

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Court today, is taken on record, subject to all just exceptions.

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Petitioner has sought following relief:-

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1. Issue a writ in the nature of Certiorari for quashing the impugned order dated 27.02.2019 (Annexure P-5) passed by respondent No.2, whereby respondent No.4 has been transferred at the current place of posting of petitioner i.e. Executive Engineer, Provincial Division No.1, PWD (B&R), Kaithal from Head Office, PWD (B&R), Chandigarh and vice versa, is illegal, unjust, unfair, unconstitutional, arbitrary, oppressive, vexatious and capricious as well as against the Government instructions dated 18.04.1980 (Annexure P-6).

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2. Further issue a writ in the nature of mandamus and prohibition directing the respondents not to transfer the petitioner from his current place of posting as XEN, Provincial Division No.1, PWD (B&R), Kaithal.

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3. And/or issue any appropriate writ, order or direction which

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YOGESH SHARMA 2019.08.27 16:34 I attest to the accuracy and integrity of this document 2

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CWP-6028-2019 (O&M)

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this Hon'ble Court may deem fit and proper in the peculiar facts and circumstances of the present case.''

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Learned State Counsel submits that vide order dated 31.05.2019 (Annexure R-II), transfer order dated 27.02.2019 (Annexure P-5) has been withdrawn, thus, the grievance of the petitioner no longer subsists and the present writ petition may be disposed of as having been rendered infructuous.

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Ordered accordingly.

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Learned counsel for the applicant in CM-3866-2019 submits that order dated 31.05.2019 (Annexure R-II), withdrawing transfer order dated 27.02.2019, has been passed only because of pendency of writ petition.

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I am of view that in case, applicant/respondent No.4 is aggrieved, he shall be at liberty to challenge the same, in accordance with law.

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( AMIT RAWAL ) 20.08.2019 JUDGE Yogesh Sharma Whether speaking/reasoned Yes/ No Whether Reportable Yes/ No

Kuldeep Chand v. State of Haryana and Ors.

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Kuldeep Chand v. State of Haryana and Ors.

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