The Division Bench declined to interfere with an interim order of a Single Judge in a transfer matter, dismissing the writ petition as the transfer order remained unstayed.
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[2023/RJJP/011182]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Special Appeal (Writ) No.311/2023
In
S.B. Civil Writ Petition No.3770/2023
----Appellants
Versus
Inder Kumar Choudhary S/o Shri Bajrang Lal Choudhary, Aged About 46 Years, R/o Quarter No. 2, FCI Senior Officers Residence, Model Town, Jaipur 302017
----Respondent
For Appellant(s) : Mr. Anand Sharma, Advocate For Respondent(s) : Mr. G.L. Sharma, Advocate
HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
17/05/2023
Heard.
Though number of grounds have been urged to challenge interim order passed by the learned Single Judge in a transfer matter, we find that learned Single Judge by a detailed order has passed interim order on a prima facie consideration that the order is actuated by mala fide.
[2023/RJJP/011182]
[SAW-311/2023]
(2 of 2)
Considering that it is a matter arising out of transfer order and the transfer order is not stayed, the very purpose of filing petition may be frustrated, we are not inclined to interfere with the interim order.
Learned counsel for the appellants argues that the interim order has virtually decided the issue on merits.
We are unable to accept the submission. The order passed by the learned Single Judge is only prima facie view. Leaving it open for the appellants to raise all the grounds as available under the law to defend the order of transfer, a prayer for early disposal may be made considering that present is a transfer matter.
The petition is accordingly dismissed.
(ANIL KUMAR UPMAN),J
(MANINDRA MOHAN SHRIVASTAVA),ACTING CJ
Karan/115
Union Of India
Inder Kumar Choudhary
ANIL KUMAR UPMAN
MANINDRA MOHAN SHRIVASTAVA
As recorded by the court registry
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