shubham gupta (Advocate ) 11 May 2024

Interim order in transfer case

Hello,

I have query regaring interim relief granted in a transfer case wherein transfer order was stayed. Thereafter matter remained pending for more than two years and later Hon'ble Court disposed off the case with the direction that the Petitioner shall give a representation to the respondent department and the department shall consider the said representation.

The specific questions that I need help with are:

1. Whether the interim relief is to be considered vacated or allowed in terms of the direction given by the Hon'ble Court?

2. If the interim relief is considered to be not vacated and petitioner failes to give representation. Whether the stay order shall continue?

For your perusal i am attaching the final order of the high court. Further I know that department is at the liberty to file fresh transfer order but the question is regarding the existence of stay order granted. Please provide help with the above cited questions alongwith relevant case laws.

Reply Follow

Quick Summary

This discussion concerns the status of an interim order that stayed a transfer case. After two years, the court disposed of the case by directing the petitioner to make a representation to the department. The core questions are whether the interim relief is considered vacated or allowed, and if the stay order persists if no representation is made. The consensus suggests that interim orders typically become infructuous and are automatically vacated upon the disposal of the main case.