CWP No.8320 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.8320 of 2010 Date of decision:07.05.2010 Pawan Kumar ...Petitioner Versus Union of India and others ...Respondents CORAM: HON'BLE MR.JUSTICE M.M.KUMAR HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr. S.R.Hooda, Advocate for the petitioner. 1. To be referred to the reporters or not? 2. Whether the judgment should be reported in the Digest? M.M.KUMAR, J. The petitioner has approached this Court against order dated 26.4.2010 passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh, (for brevity `the Tribunal') declining his request for staying the transfer order. The Tribunal has taken into account the fact that the transfer of the petitioner has been effected almost after seven years and he could make representation only after joining at the place of transfer. The Tribunal has further listed the case for final hearing on 1.6.2010. After hearing the learned counsel, we are not inclined to accept the plea that the transfer order is patently illegal and is based on irrelevant consideration for granting interim order and, therefore, it is CWP No.8320 of 2010 2 liable to be stayed. The discretion has been exercised by the Tribunal by taking into account the various factors and we are not inclined to interfere in the exercise of discretion by the Tribunal. Accordingly, the writ petition fails and the same is hereby dismissed. We make it clear that any observation made in this order shall not affect the merit of the controversy pending before the Tribunal. (M.M.KUMAR) JUDGE 07.05.2010 (JITENDRA CHAUHAN) mk JUDGE