(Shyam Kumar Murmu & Ors. vs . The State Of Jharkhand & Ors.)
2022 Latest Caselaw 3381 Jhar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       W.P.S. No. 3107 of 2022
    (Shyam Kumar Murmu & Ors. Vs. the State of Jharkhand & Ors.)
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CORAM: THE HON'BLE MR. JUSTICE DR. S.N.PATHAK For the Petitioners : Mr. Rahul Kumar, Advocate For the Resp. : AC to AAG

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I.A. No. 6445 of 2022 03/ 25.08.2022 Instant interlocutory application has been preferred by the petitioners for staying the execution and implementation of order as contained in memo No. 1233 dated 09.06.2022 (Annexure-2 to the writ petition).

It has been submitted by learned counsel for the petitioners that by the impugned orders, the earlier order of transfer has been ordered to be cancelled/ rescinded, which is illegal and arbitrary on the ground that once the transfer order has been given effect to, the same cannot be cancelled/ rescinded. In support of his contention, learned counsel for the petitioners places heavy reliance on the judgment rendered by the Hon'ble Patna High Court in case of Dr. Ramchandra Safi Vs. the State of Bihar & Ors. [(2000) 3 PLJR 139]. It has been further argued that if the impugned order is not stayed, the petitioners would suffer irreparable loss and injury and as such, for the ends of justice, the impugned order may kindly be stayed till the disposal of the writ petition.

Learned counsel for the respondent-State submits that when transfer order itself has been issued in violation of the statutory provisions, the State is fully empowered to recall the transfer order by issuance of another order. However, he seeks sometime to file counter-affidavit.

In view of submissions of the learned counsel for the parties, I.A. No. 6445 of 2022 stands allowed.

Since operation, implementation and execution of Memo No.1233 dated 09.06.2022 (Annexure-2) has already been stayed vide order dated 04.08.2022, passed in W.P.(S). No. 3084 of 2022, the same shall mutatis mutandis apply to the present petitioners also and no fresh order is required to be passed in the matter.

W.P.S. No. 3107 of 2022 List this case after four weeks.

In the meantime, respondents are directed to file their counter- affidavit.

(Dr. S.N. Pathak, J.) kunal/-