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Sanjay Pandey Vs State Of Jharkhand

Case No: Writ Petition (S) No. 5668 Of 2024

Date of Decision: Feb. 11, 2025

Hon'ble Judges: Ananda Sen, J

Bench: Single Bench

Advocate: Ajit Kumar, Aprajita Bhardwaj, Anish Kumar Mishra

Final Decision: Disposed Of

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Judgement

Ananda Sen, J

1. The petitioner in this writ petition has challenged part of Annexure-7, so far it relates to the petitioner wherein his transfer order which was earlier

issued was revoked.

2. The main contention of the petitioner is that once the transfer order has been given effect to, the same cannot be revoked.

3. The law is well settled. A transfer order which has already been given effect to, cannot be revoked. This has also been held by this Court in the

case of Bhanu Pratap Singh Vs. State of Jharkhand & Ors. and Analogues Cases reported in 2023 SCC OnLine Jhar 307 (DECIDED ON MARCH

17, 2023).

4. Considering the law, the action of the respondents, cancelling the transfer order after the same has been given effect to and after the petitioner has

joined his post, is not proper.

5. During the course of argument, it has been fairly submitted by learned counsel Ms. Aprajita Bhardwaj, that after the transfer order was revoked,

the petitioner returned to his original place of posting and has given joining.

6. In my opinion, when the petitioner has returned to his original place of posting and has given his joining, no order can be passed in this writ petition.

7. Accordingly, this writ petition stands disposed of.

8. I.A. No.11264 of 2024 also stands disposed of.

9. If the petitioner so wishes, he can file a representation for fresh transfer which should be looked into by the Authority.