n '~Nii<ric ls^: .w ^- HISH^QURT OF^HHATTIS&ARH AT BILASPUR DIVISION BENCH CORAM: HON"'3LE SHRI JASDISH 8HALLA, Ag. C.J. & HON'BLE SHRI T.P. SHARMA. J. Writ ADpeal No. 06 of 2 ADpellant Awinash Anand, 5/0. Shri P.tC. Anand, ewe^ Aout 41 y'ears, occuDation- Service (workina aa Assistant Srade-III in the office of Chief Medical Officer, AillbikQpuir3)/ R/o u@^ripcir<s, ftajendra Ward, Ambikapur, Distt. 3ur''giyu i.i-.e'.j Resoondents Versus 1. 2. 3. State of ChhattiS9arh; through its Seer'etar'y, Depurtment of Heflith and Family Wetfare, &.K.S. Bhawari, Raipur (C.6.) Collector, Ambikapur, Distt. Sur9iya (C.&.) Chief Medicai Officer, Ambikapur, Distt. Surguja (C.o.) Writ Appeal under Section 2(1) of the Chhattisaa'h 1-liqh Court Wppealto Division Bench) Act. 3X36 Present; Shri Vinav Pandev. counsel for the aDDetlant. Shri Vinay i-lwlt, Deputy Advocate Senerai for the State. ORAL JUD6MENT (Passe«! on lSlh January, 2008) The followinq oral ludqment of the Court was oassed by Hon-bleJagdish Bhalla, Ag. C.J, This writ appeai arises out of the jud9ment and order passed by learned Sinale Judge dated 19-12-2007 whereby the writ petition challergin9 the transfer order of the petitioner/appellant has been dismissed. The appellant/oetitioner wos transferred bv an order ~ dated 07-07-2ci06 on odministrative exigencies, however the department was ^ benevolent and on the request of the petitioner/appeilant, his trcmsfer was -1r dl* deferred for 16 months on health ground. Thereafter, when the appellant/petitioner was asked to 90 and Join, he chooses to challenge the said order on the 9round that the administratiye exi9encies are no more in existence. The oround raised by the appellant/petitioner is on the concession aranted to him totalty on •the compassionate around. The mistake, if any, for not enforcing the order dated 07-07-2006 is not upon the authorities, who had gcted with human heart', but the appellant/petitioner. The Hon'ble 'Apex Court in various judgments has laid down the law that interference in tronsfer matters can onlv possible, if there is any violation of law or a case of strong niala fide. There is no such foundotion in this case. It is well settled low that any person who comes to seek justice must corne with .clean hands and with all fairness. Once foirness was shown bv the State and afl-er 16 mon'ths it was the turn of the Qppeilant/petitioner to reciprocate, but he decided other woy by challenqinq the transfer order dated 07-07-2006. Therefore, no interference is warranted. At this stacie, we have been informed by tearned counsel for the appellont/petitioner that the appellcnt/petitioner had already joined at the new olace of oostina. In such circumstances, the transfer order has ^•l«i>aciybeen executed. Accordingly, the writ appeat is dismissed. Sd/- Ac«ngChiefj^, ustice rii'rnLnj Sd/- T.P.Sharma Judge