( Arti Kujur vs . The State Of Jharkhand & Ors.)
2022 Latest Caselaw 1786 Jhar

                            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                       W.P. (S) No. 1882 of 2022
                          ( Arti Kujur Vs. The State of Jharkhand & Ors.)
                                              With
                                       I.A. No. 3690 of 2022
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CORAM: THE HON'BLE MR. JUSTICE DR. S.N.PATHAK (Through :Video Conferencing )

For the Petitioner :Mr. Shadab Bin Haque, Advocate For the Respondents : Mr. D.K. Dubey, AC to AAG

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02/ 04.05.2022 This interlocutory application has been preferred on behalf of the petitioners for stay of the impugned order dated 26.02.2022, so far as it relates to the petitioner, during the pendency of the instant writ petition.

Learned counsel for the petitioner submits that by the impugned order, earlier order of transfer has been ordered to be cancelled/rescinded, which is illegal and arbitrary on the ground that once the transfer order has been given effect to, the same cannot be cancelled/rescinded.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 petitioner submits that if the impugned order dated 26.02.2022 is not stayed, the petitioner would be subjected to irreparable loss and injury and as such, impugned order so far it relates to the petitioner, 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. 3690/2022 stands allowed. The operation, implementation and execution of the impugned order dated 26.02.2022 so far as it relates to the petitioner shall be kept in abeyance.

Put up this case after four weeks.

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