2003 (4) TMI 615
X X X X Extracts X X X X
X X X X Extracts X X X X
.... CHAUHAN, J. 1. This writ petition has been filed for quashing the order dated 14.8.2000 (Annexure-7), by which three teachers have been transferred from the school of the petitioner, and further to direct the respondents not to interfere with peaceful functioning of the institution in village Sahabad. 2. Facts and circumstances giving rise to this case are that in the village Sahabad there ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....rder upgrading the school has been recalled is not a part of the record. Nor any application has been made to issue the direction to the respondents to supply the copy of order dated 11.8.1999 to the petitioner. What has been filed before this Court is order of transfer of three teachers posted there because of the up-gradation. Thus, it is evident that neither the order upgrading the school nor t....
X X X X Extracts X X X X
X X X X Extracts X X X X
....rd. The Apex Court observed as under : "In absence of order under challenge, the High Court could not quash the same. Normally whenever an order of the Government or some authority is impugned before the High Court under Article 226 of the Constitution, copy of the order must be produced before it. In absence of impugned order it would not be possible to assign the reasons which have impe....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... were primarily confined to the seniority list and the Apex Court held that challenge to appointment orders could not be entertained because of inordinate delay and in absence of the same, validity of consequential seniority cannot be examined. In such a case, a party is under a legal obligation to challenge the basic order and if and only if the same is found to be wrong, consequential orders may....
TaxTMI