Sanjay Kumar Sahu vs The State Of Madhya Pradesh
2021 Latest Caselaw 8886 MP

                                                           1                             WP-27624-2021
                                The High Court Of Madhya Pradesh
                                         WP No. 27624 of 2021
                                (SANJAY KUMAR SAHU Vs THE STATE OF MADHYA PRADESH AND OTHERS)


                      Jabalpur, Dated : 15-12-2021
                             Shri Bhupendra Mishra, learned counsel for the petitioner.

                             Shri Arnav Tiwari, learned PL for the respondents/State.

Petitioner has filed this writ petition challenging his transfer order dated 03.11.2021. By impugned order, petitioner has been transferred from Shahdol to Vidisha.

It is submitted by the counsel for the petitioner that two places are 700 kilometers apart. Petitioner is a contractual employee and he can be transferred only in special circumstances. In impugned transfer order, no special circumstance has been mentioned. Counsel for the petitioner relied on para 10 of a Division Bench judgment dated 25.09.2021 passed in W.A. No. 281/2021 (Seema Pasi vs The State of M.P. and others), wherein the Division Bench has held that contractual employee can be transferred in special circumstances in administrative exigency and not otherwise. Order does not spell out special circumstances, due to which transfer order is

passed.

Issue notices to respondents by ordinary as well as registered mode on payment of process fee within seven days, returnable within four weeks.

Meanwhile, order dated 03.11.2021 shall remain stayed in respect of petitioner, till next date of hearing.

C.C. as per rules.

                                                                                (VISHAL DHAGAT)
                                                                                     JUDGE

                      vkt




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TIWARI
Date: 2021.12.16
17:20:41 IST