R.P. No.295.11
Review Petition No. 295 of 2011
22/07/2011
Shri Sanjay Dwivedi, learned counsel for the
petitioner.
Though many a ground has been raised for
seeking review of the order dated 05-05-2011
passed in Writ Petition No. 15970/10; however,
learned counsel for the petitioner as confined to
the submission that, inadvertently his presence is
not marked in the order dated 05-05- 2011 as also
the fact of filing of return on behalf of respondent
No. 1.
It is observed that though the return in writ
petition was filed on 05-04-2011, the office had
not placed the same on record. In the return filed
by respondent No. 1 a justification was tendered
as to action taken against the petitioner that, the
transfer of the petitioner was purely on
administrative ground taking note of the fact that
he was found involved in financial irregularities
and was facing enquiry for the same.
However, keeping in view the nature of the
order which was passed on 05-05- 2011 on the anvil
of the fact that transfer was stayed by an order
dated 12-11-2010 and that the respondents were
granted liberty to pass a fresh order in case of
R.P. No.295.11
administrative exigency so warrants, this Court is
of the considered opinion that the order dated
05- 05-2011 does not warrant any reconsideration
even when the stand taken in the return is taken
into consideration.
In respect of submission of the learned
counsel for the petitioner that his appearance on
behalf of respondent No. 1 in Writ Petition No.
15970/10 be noted, it is observed that the said
inadvertent error which had crept in the order
dated 05-05-2011 is rectified and the learned
counsel is treated to have appeared for respondent
No. 1.
The review petition is finally disposed of in
above terms.
Let a copy of this order be placed on record
of Writ Petition No. 15970/10 and office is
directed to supply the certified copy of order
dated 05-05-2011 passed in Writ Petition No.
15970/10 along with the certified copy of this
order passed today in Review Petition No. 295 of
2011.
(SANJAY YADAV)
SC JUDGE