D.B. CIVIL SPECIAL APPEAL NO.1072/2008 (Shanker Singh Vs. M/s Liberty Phosphate Limited & Ors.) DATE OF ORDER : 11.12.2008 HON'BLE MR. JUSTICE A.M. KAPADIA HON'BLE MR. JUSTICE DEO NARAYAN THANVI Mr. Rakesh Arora for the appellant. Mr. Harish Purohit for the respondents. Heard learned counsel for the parties and perused the impugned order dated 26.09.2008 passed by the learned Single Judge. The learned Single Judge has rightly dismissed the writ petition on the ground that there was no malafide in transferring the appellant from one State to another. The respondent-Company has opened its new Unit at Pali of Maharashtra, therefore, the appellant was transferred there and this condition was stipulated in the appointment order itself, which is Annexure-3 of the writ petition. Learned counsel for the respondents submits that as and when the new Unit will be started and functioning smoothly, the appellant will be re-transferred to the State of Rajasthan after three months. -2- Further, the instant appeal has been filed against the order of the learned Single Judge in exercise of its revisional jurisdiction, therefore, on the aforesaid context, this Special Appeal is dismissed. (DEO NARAYAN THANVI), J. (A.M. KAPADIA), J. ms rathore