Charandeep Singh Sandhu v. Chairman-Cum Managing Director, Pspcl, Patiala And Others

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision:31.10.2018 Charandeep Singh Sandhu ..............Petitioner v.

Chairman-cum-M.D.,PSPCL Patiala and others ..............Respondents Coram:

Hon'ble Mr.Justice Jaswant Singh Present:- Charandeep Singh Sandhu,petitioner in person. Mr.Anhad S.Miglani,Advocate for Mr.Abhilaksh Grover,Advocate for respondents assisted by Er.Inderjit Singh, Sr.XEN/West Division, PSPCL Jalandhar Jaswant Singh,J,(Oral).

The petitioner is working as Adhoc Junior Engineer while serving as a Lineman with PSPCL.

By filing the present writ petition he has challenged the order dated 4.8.2017 (P-12) whereby he has been substantively transferred on regular basis from Civil Line Sub Division Jalandhar under West Division Jalandhar to the disposal of Deputy Chief Engineer/Operation Circle Nawanshehar.

This Court while issuing notice of motion vide order dated 10.8.2017 had passed the following order:- "

Petitioner who is serving as Assistant Junior Engineer under the Punjab State Power Corporation Limited has filed the instant petition assailing the order dated 4.8.2017 at Annexure P-12 wherein he has been transferred from Jalandhar to Nawanshahar.

Counsel submits that at an earlier point of time

transfer order dated 23.6.2017 at Annexure P-6 was passed and in terms of which the petitioner who was posted at Operation Civil Line Sub Division Jalandhar under Operation West Division Jalandhar Operation Circle Jalandhar was transferred to Headquarter fixed at the disposal of Deputy Chief Engineer/Operation Circle Nawanshahar.

Such order was impugned by filing CWP 14303/2017 and while issuing notice of motion on 5.7.2017, the operation of the transfer order dated 23.6.2017 was stayed.

It is argued that during the existence of such interim order passed by the Coordinate Bench, the impugned transfer order has been passed on 4.8.2017 (Annexure P-12) and which on the face of it, is contemptuous.

Notice of motion, returnable for 15.9.2017.

To be listed alongwith CWP 14303/2017.

Operation of the impugned order dated 4.8.2017 at Annexure P-12 shall remain stayed till the next date of hearing."

Petitioner in person and counsel for the respondents heard at length.

Primary argument of petitioner is that inspite of said order passed by this Court on 5.7.2017 staying the operation of the transfer of the petitioner on temporary basis from Jalandhar to Nawanshahar, still present impugned order P-12 was passed transferring him on regular basis. At the time of hearing counsel for the respondents states in pursuance of the present interim order dated 10.8.2017 passed in the instant writ petition the petitioner was permitted to continue at Jalandhar. It is further stated that the impugned order dated 4.8.2017 (P-12) was

inadvertently passed for which unconditional apology has been tendered. It is stated that the impugned order P-12 was subsequently withdrawn vide order dated 12.2.2018 In view of the impugned order P-12 itself having been withdrawn nothing more survives for adjudication in the present writ petition.

Dismissed.

31.10.2018 (Jaswant Singh) joshi Judge Whether Speaking/reasoned Yes/No Whether Reportable Yes/No