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SUPREME COURT OF INDIA
M.N.Venkatachaliah, C.J.I., S.Mohan, J.
State Of U.P.
Versus
V.N.Prasad
Case No. : 4585 of 1994
Date of Decision : 5/19/94
(1) WE have heard learned counsel on both sides. Delay condoned. Special leave granted.
(2) THE High court, at the interlocutory stage of writ petition moved by the respondent, Dr V.N. Prasad, Principal, B.R.D. g Medical College, Gorakhpur challenging an order of transfer, has stayed its operation. We are of the opinion that at the stage at which the matter was brought to engage the attention of the High court, there was no prima facie material to establish any mala fides which required strong and convincing evidence. The presumption is in favour of the bona fides of the order unless contradicted by acceptable material. The interlocutory order of the High court is, in our opinion, unjustified. The order is set aside. We request the High court, however, to dispose of the main matter itself as expeditiously as possible.
(3) THE appeal is disposed of accordingly
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