Smt. Pooja Kochar vs The State Of Madhya Pradesh
2021 Latest Caselaw 4181 MP

Citation : 2021 Latest Caselaw 4181 MP
Judgement Date : 11 August, 2021

Madhya Pradesh High Court

Smt. Pooja Kochar vs The State Of Madhya Pradesh on 11 August, 2021

Author: Sushrut Arvind Dharmadhikari

          HIGH COURT OF MADHYA PRADESH,
                BENCH AT GWALIOR

                         W.P.No.14772/2021
   ( Smt. Pooja Kochar Vs. The State of Madhya Pradesh & Ors. )
                                 (1)

Gwalior, dated : 11.08.2021

      Shri D.S. Raghuvanshi, learned counsel for the petitioner.

      Shri Rohit Mishra, learned Additional Advocate General for

the respondents/State.

I.A.No.9877/2021, an application for urgent hearing is

considered and allowed.

Heard on the question of admission.

In this petition preferred under Article 226 of the Constitution

of India, the petitioner has challenged the validity of the order

dt.05.08.2021 (Annexure P/1), by which the petitioner, who is

working on the post of Sub-Engineer (Electrical) in the Department

of Rural Engineering Services, District Morena, has been transferred

to District Harda.

Learned counsel for the petitioner submits that the petitioner is

a lady and she has been transferred from District Morena to District

Harda, which is more than 600 K.M. away from the present place of

posting. It is submitted that there is only one post at District Harda

and two persons are already working. He has further relied on the

judgment of Supreme Court in the case of P.K. Chinnasamy Vs.

Government Of Tamil Nadu And Ors. reported in AIR 1988 SC

78 wherein para 4 of the judgment is relevant which reads as under:-

"4. In a democratic polity as ours, the bureaucracy works as the pivot for running the administration.

So far as the State is concerned, matters of policy and the ultimate responsibility for running the HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR

W.P.No.14772/2021 ( Smt. Pooja Kochar Vs. The State of Madhya Pradesh & Ors. )

administration is obviously on the apex body-the Council of Ministers and the Executive Head-the Governor. It cannot be lost sight of that every public officer is a trustee and in respect of the office he holds and the salary and other benefits which he draws, he is obliged to render appropriate service to the State. The scheme postulates that every public officer has to be given some posting commensurate to his status and circumstances should be so created that he would be functioning so as to render commensurate service in lieu of the benefits received by him from the State. If an officer does not behave as required of him under the law he is certainly liable to be punished in accordance with law but it would ordinarily not be appropriate to continue an officer against a post and provide no work to him and yet pay him out of the Consolidated Fund. It is with this view that we had called upon the respondent- Government to give the appellant a proper posting and extract work from him. Since the State Government has not done the needful, it has become necessary for the Court to interfere. Ordinarily in a case of this type, the Court would have no role to play."

Considering the same, he has prayed for quashment of the

impugned order.

Per contra learned Government Advocate for the

respondents/State submits that no interference is warranted with the

order of transfer and prays for dismissal of petition.

Heard the learned counsel for the parties.

Taking into consideration the facts and circumstances of the

case, in the interest of justice, petitioner is directed to file a detailed

representation with the competent Authority canvassing the grounds HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR

W.P.No.14772/2021 ( Smt. Pooja Kochar Vs. The State of Madhya Pradesh & Ors. )

as raised in this petition within a period of seven days from

tomorrow together with all relevant documents and copy of this