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2004 Supreme(HP) 95

A.K.GOEL, V.K.GUPTA
SHOBH RAM – Appellant
Versus
STATE OF H. P. – Respondent


Advocates Appeared:
Mr. Rajiv Sharma, Senior Advocate with Mr. Surinder Sharma, Advocate, for the Petitioner; Mr. M.S. Chandel, A.G. with Mr. C.B. Singh, Dy. A.G., for the Respondent.

JUDGMENT

CMP 574 of 2004 Infructuous. CWP 304 of 2004 V.K. Gupta, C.J.—The petitioner had approached the Himachal Pradesh Administrative Tribunal by filing Original Application 472/2004, assailing the order dated 25.2.2004, issued by respondent No. 2, whereby the petitioner was transferred from Baghani Range, Paonta Forest Division to Wild Life Range, Dhameta, Wild Life Division, Hamirpur. The petitioner obviously was simultaneously also insisting before the Tribunal for passing an order in the nature of grant of an interim relief, for staying the implementation and operation of the aforesaid transfer order dated 25.2.2004.

2. The Tribunal, vide its order dated 23.4.2004, passed in OA No. 472/2004, and under challenge in this petition filed under Articles 226/227 of the Constitution, has granted three weeks time to the respondents in the Original Application to file sur rejoinder. However, in so far as the petitioners prayer for stay of the operation of the impugned transfer order is concerned, the Tribunal has, by adopting a casual approach, merely made a passing observation that since the transfer was made with the prior approval of the competent authority and further since the pe






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