The Executive Director (P and A) and Others vs B.P. Pandey

The appellants have in this appeal challenged the order dated 24.1.2003 passed by the learned single Judge in W.P. No. 34/2003. The writ petitioner challenged the order dated 22.11.2002 by which, he was transferred and posted at Aurangabad. The learned single Judge disposed of the writ petition with some observations and directions. The operative partition of the order passed by the learned single Judge reads thus,

In view of the above, the Court is of the opinion that all the grievances which the petitioner has made in this writ petition could have been made before the Authority by way of a proper/appropriate representation. Since this has not been done, the Court thinks it appropriate to dispose of this writ petition with a direction that in case a representation is made by the petitioner to the concerned Authority within ten days from today, the same shall be considered and disposed of on its own merits on which the Court is not expressing any opinion. However, it is hoped that in case the Authority does not accept the petitioner''s representation then at least it would consider deferring the transfer of the petitioner till the end of the academic session so that the studies of the petitioner''s son who is to appear in Xth Board Examination, are not affected.

Learned counsel for the appellants submitted that the learned single Judge should not have made the observation, "However, it is hoped that in case the Authority does not accept the petitioner''s representation then at least it would consider deferring the transfer of the petitioner till the end of the academic session so that the studies of the petitioner''s son who is to appear in Xth Board Examination, are not affected." He further submitted that the impugned order has been passed by the learned single Judge ex-parte without even issuing notices to the appellants herein.

In the first instance, the appellants have not approached the learned single Judge for setting aside this ex-parte order and to hear them and thereafter, pass appropriate order. The learned single Judge has given liberty to the writ petitioner to approach the respondents in the writ petition and only hoped that the Authority, the respondents therein, would consider the request of the writ petitioner.

In the circumstances, we are of the opinion that it is not a fit case for admission. The appeal is therefore, liable to be rejected and it is rejected.