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2019 Supreme(J&K) 359

ALI MOHAMMAD MAGREY, RASHID ALI DAR
Mohammad Maqbool Shah – Appellant
Versus
State of J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellant(s):Mr. Hilal Ahmad Wani, Advocate
For the Respondent(s): None

ORDER :

Ali Mohammad Magrey, J.

1. By medium of the instant appeal, the appellant/writ petitioner has thrown challenge to order dated 25.10.2019 passed by the learned Single Judge in writ petition bearing WP(C) No. 3119/2019, in terms whereof, the petition of the appellant/writ petitioner was dismissed.

2. The appellant/writ petitioner has questioned the order impugned, amongst other grounds, on the ground that the order of the learned writ court is bad in law because the writ court has not appreciated that the order of transfer of the appellant/writ petitioner, impugned before the writ court, has neither been issued for public interest nor in the interest of the department. It is stated that the appellant/writ petitioner was earlier transferred at his present place of posting in terms of order dated 21.01.2019 and only after 8 months, in terms of the impugned order before the writ court, was again transferred, on the ground of smooth functioning and public interest, thereby rendering the order of transfer of the appellant/writ petitioner as premature. The appellant has also challenged the order impugned in the instant appeal on the ground that he going to retire after 6 months on at

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