1 D.B.Civil Special Appeal(Writ) No.1997/2008 Ramesh Chand Bhanu V/s State of Raj. & ors. 12.12.2008 Hon'ble the Chief Justice Mr.Narayan Roy Hon'ble Mr.Justice Mohammad Rafiq Mr.R.P.Sharma for the appellant. This appeal has been filed by the appellant- petitioner challenging the order dated 16th October, 2008 by which the ex-parte stay order granted earlier on 31.7.2008 in the writ petition of the appellant was vacated. Learned counsel for the appellant has argued that the stay order was vacated on the ground that at the time when the ex-parte stay order was passed on 31.7.2008, the court was not informed about the fact of joining of respondent no.3, who was transferred vice the appellant. It is contended that the appellant had proceeded on leave immediately after his transfer and that he had no knowledge of the fact that respondent no.3 had joined in his place. This fact was asserted by the appellant in rejoinder to the reply filed by respondent no.3. A perusal of the impugned order vacating stay shows that the learned Single Judge was persuaded to accept the application under Article 226(3) of the Constitution filed by the respondent no.3 precisely for the reason that the respondent no.3 had joined 22 days before filing of the writ petition by the appellant on 25th July, 2008 and this fact was not disclosed by the appellant in the writ petition. In fact, because of the interim order passed by the court on 31st July, 2008, the respondent no.3 was relieved by 2 the Department on 18th August, 2008 whereas he had already joined on 3rd July, 2008. We are not inclined to believe the version of the appellant that he was unaware of the joining of the respondent no.3, who was transferred vice him by the same transfer order dated 28th June, 2008, which he challenged in the writ petition. We, therefore, do not find any merit in this appeal. It is accordingly dismissed. (Mohammad Rafiq)J. (Narayan Roy)C.J. Parmar