S.K.Chattopadhyaya, J.

1. The point for consideration in this appeal is as to whether, in the facts and circumstances of this case, the view taken by the Apex Court in the case of Sarguja Transport Service V/s. State Transport Appellate Tribunal, Givalior and Ors. reported in -- is applicable or not.

2. In order to enter into the domain of the contending claims of the respective parties, it would be appropriate to portray the factual backgrounds: The appellant being aggrieved by the notification dated 8.9.95, transferring him to Lohardagga, moved this Court in CWJC No. 3022/95 (R). The said writ application was filed on 19.10.95 and before any effective order was passed, the private respondent No. 5 filed his counter affidavit on 15.11.95. The case was listed for admission before a learned Single Judge on 9.12.95 when the said writ application was permitted to be withdrawn by the following order:

Mr. Pandey M.M.P. Sinha seeks permission to withdraw this application which is not opposed by the respondents including the private respondent represented by Mr. S.B. Gadodia. In the circumstances the application is dismissed as withdrawn.

3. From the aforesaid order it is clear th