A division bench of the Justice Vipin Sanghi and R.C. Khulbe of Uttarakhand HC has disposed of the petition as they not inclined to interfere in the matter as it is already pending before the learned single judge. However, considering the position of the transfer of appellant they gave leeway to ask for learned single judge to hear the matter on next day of hearing.
Facts:
The present Special Appeal is directed against the order dated 14.09.2022 passed by the learned Single Judge in the appellants’ Writ Petition, being Writ Petition (S/S) No. 1758 of 2022. 5. By the said order, while granting time to the respondents to file their counter affidavit, the matter had been adjourned to 13.12.2022. It has been observed that it shall be open to the petitioners to join at the transferred place. The grievance of the appellants is that no stay of the impugned transfer has been granted in favour of the appellants. The appellant also seeked condonation of delay of 19 days in filing the present Special Appeal which was allowed as respondent has not fairly oppose the application on this ground.
Observations of the Court
The court noticed that the matter is still pending consideration before the learned Single Judge, and the next date of hearing is 13.12.2022. It shall be open to the appellants to request the learned Single Judge to take up the Writ Petition for hearing on the next date. If such a request is made, the learned Single Judge may consider the same, considering the position of his board that he had not joined at the transferred place in pursuance of the impugned transfer orders.
Decision:
The petition was disposed of as court declined to interfere with the impugned order. The matter is still pending consideration before the learned Single Judge, and the next date of hearing is 13.12.2022. The court gave leeway to the appellants to request the learned Single Judge to take up the Writ Petition for hearing on the next date and such request might to be considered by the learned single judge
Case: Smt. Madhu Bagdi and other vs State of Uttarakhand and others
Citation: SPECIAL APPEAL No. 356 OF 2022
Coram: Justice Vipin Sanghi and R.C. Khulbe
Dated: 11.11.2022
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