Prasanna Kumar Verma vs The State Of Madhya Pradesh
2021 Latest Caselaw 9053 MP

                                                        1                             WP-28185-2021
                              The High Court Of Madhya Pradesh
                                       WP No. 28185 of 2021
                             (PRASANNA KUMAR VERMA Vs THE STATE OF MADHYA PRADESH AND OTHERS)


                      Jabalpur, Dated : 21-12-2021
                            Shri Parag Tiwari, learned counsel for the petitioner.

                            Shri Piyush Dharmadhikari, learned Government Advocate for the
                      respondents/State.

Petitioner has filed this petition challenging order dated 03.12.2021, by which representation preferred by petitioner against his transfer was

dismissed by the Commissioner Land Records.

Counsel appearing for the petitioner submitted the petitioner was transferred by order dated 31.08.2021. Said order was challenged by petitioner by filing W.P. No.18666/2021. Said writ petition was disposed of on 15.09.2021 directing the respondent No.3 to consider and decide the representation of petitioner and petitioner was also permitted to continue at Jabalpur, if no other person is posted in his place. After passing of order dated 15.09.2021, petitioner has filed a Review Petition before this Court, which stood registered as Review Petition No. 784/2021. Review Petition was

disposed of with modification that 'respondent No.3' be read as 'respondent No.1.' As per said modification, representation of petitioner was to be decided by Principal Secretary, Department of Revenue. Petitioner, thereafter, filed a representation before the Principal Secretary, Department of Revenue on 07.10.2021 alongwith the documents.

Counsel for the petitioner further submitted that representation filed by the petitioner was considered and decided by the Commissioner, Land Records, Gwalior. It is submitted that impugned order passed by Commissioner is contrary to the direction of this Court. This Court has specifically directed the Principal Secretary, Department of Revenue to consider and decide the representation of petitioner in review petition. Counsel for the petitioner also referred to Clause 50 of Transfer Policy, Signature SAN Verified Not wherein it has been laid down that the representations of Class 2, 3 and 4 Digitally signed by VINOD KUMAR TIWARI Date: 2021.12.22 10:50:48 IST 2 WP-28185-2021 officers/employees shall be decided by Additional Chief Secretary/Principal Secretary/Secretary of department with approval of the concerned Minister. In view of aforesaid submission, he makes a prayer that impugned order may be quashed and respondent No.1-Principal Secretary, Department of Revenue be directed to consider and decide the representation of petitioner in

accordance with the transfer policy of the State Government.

Government Advocate appearing for the State opposed the said prayer. It is submitted by him that transfer order has been passed by Commissioner. Since transfer order has been passed by Commissioner, therefore, representation filed by petitioner has rightly been considered by Commissioner. There is no violation of any statutory rule or Act if Commissioner has decided the representation of petitioner. It is submitted by him that petitioner is relying on judgment passed in W.P. No. 26437/2021 dated 14.12.2021, wherein similar order was quashed and direction was given to the Secretary, Mining Department to consider and decide the appeal. It is submitted that in said case, there was statutory rule of filing of appeal and appellate authority was Secretary, therefore, order was passed by the Division Bench. In these circumstances, he prayed that writ petition be dismissed.

Heard the counsel for the parties.

As per transfer policy, representation ought to have been decided by the Principal Secretary, Department of Revenue. This Court has also given direction in R.P. No. 784/2021 that representation be considered and decided by respondent No.1. In this view of the matter, impugned order dated 03.12.2021 passed by the Commissioner Land Records, Madhya Pradesh is quashed. Matter is remanded back to Principal Secretary, Department of Revenue for considering the representation filed by petitioner in accordance with law.

It is made clear that no opinion is expressed on the merits of the case. Till decision on representation, petitioner may be permitted to work at Jabalpur, if he is already not relieved.

Signature
 SAN      Not
Verified

Digitally signed by
VINOD KUMAR
TIWARI
Date: 2021.12.22
10:50:48 IST
                                                        3                             WP-28185-2021

With aforesaid direction, writ petition filed by petitioner is disposed off.

C.C. as per rules.

                                                                             (VISHAL DHAGAT)
                                                                                  JUDGE

                      vkt




Signature
 SAN      Not
Verified

Digitally signed by
VINOD KUMAR
TIWARI
Date: 2021.12.22
10:50:48 IST