(Sanjay Kumar Sahi & Ors. vs . The State Of Jharkhand & Ors.)
2022 Latest Caselaw 2423 Jhar

                          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                       W.P. (S) No. 2968 of 2022
                       (Sanjay Kumar Sahi & 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. Dhananjay Kr. Dubey, Advocate
                       For the Respondents           : Mr. Shubham Mishra, AC to SC(M)
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             I.A. No. 5590 of 2022
02/ 04.07.2022      This interlocutory application has been preferred on behalf of the

petitioners for stay of the impugned order dated 04.06.2022 (Annexure-4), during the pendency of the instant writ petition.

Learned counsel for the petitioners submits that by the impugned order, earlier order of transfer has been ordered to be cancelled/rescinded, which is illegal and arbitrary on the ground that once the transfer order has been given effect to, the same cannot be cancelled/rescinded. Learned counsel places heavy reliance on the judgment of Hon'ble Apex Court as well as this Court. Learned counsel for the petitioners submits that if the impugned order dated 04.06.2022 (Annexure-4) is not stayed, petitioners would be subjected to irreparable loss and injury and as such, impugned order may kindly be stayed till disposal of the case.

Though the counter-affidavit has not been filed, but learned counsel for the respondents submits that when the transfer order itself has been issued in violation of statutory provisions, the State is fully empowered to recall the transfer order by issuance of another order. However, he seek sometime to file counter-affidavit.

In view of the submissions of the parties, I.A. No. 5590/2022 stands allowed.

The operation, implementation and execution of the impugned order dated 04.06.2022 (Annexure-4) so far as it relates to the petitioners shall be kept in abeyance.

W.P.(S). No. 2968 of 2022

Put up this case after four weeks.

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