Vinay Kumar Bhatt vs The State Of Madhya Pradesh
2021 Latest Caselaw 279 MP

            HIGH COURT OF MADHYA PRADESH,
                  BENCH AT GWALIOR

                           WA No. 115/2021
          ( Vinay Kumar Bhatt Vs The State of M.P. & others )
                                    (1)

Gwalior, dated : 26/02/2021

         Shri Prashant Sharma, learned counsel for the appellant.

         Shri R.B. Tripathi, learned Panel Lawyer for the respondents-

State.

In this appeal preferred under Section 2(1) of the M.P. Uchcha

Nyayalay (Khand Nyay Peeth Ko Appeal)Adhiniyam,2005

challenge has been made to the order dated 27/01/2021 passed by

learned Single Judge in W.P. 1594/2021 whereby petition has been

dismissed.

Counsel for the appellant had challenged the order of transfer

dated 12/01/2021 (Annexure P-1), whereby the appellant who was

holding the post of CMO, Municipal Council, Khaniyadana, District

Shivpuri (M.P.), has been transferred to Municipal Council

Kumbhraj District Guna (M.P.) further directing that the post which

has been vacated by the appellant to be occupied by respondent

No.3 as Incharge CMO, on the ground that respondent No.3 is not

qualified under the relevant recruitment rules to be appointed/

promoted as CMO.

Learned Single Judge has held that in instant case neither the

post of CMO is of any such great public importance nor the

appellant is involved in any sensitive or confidential assignment. It

was further held that the observation made in paragraph 23 of the

judgment in the case of N.K. Singh Vs Union of India 1994 (6) HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR

WA No. 115/2021 ( Vinay Kumar Bhatt Vs The State of M.P. & others )

SCC 98 are not relevant to the facts of the present case, therefore,

they do not assist the appellant especially in the light of law laid

down by the Apex Court in regard to matters of transfers.

Counsel for the appellant submits that post of Chief Municipal

Officer is a civil post, hence, Chief Municipal Officer is holder of the

Civil Post of the State, therefore, it is necessary to post a person who

is competent. Practice of posting a person as CMO Incharge has

been deprecated by the courts time and again. In such situation,

learned Single Judge ought to have entertain the petition instead of

dismissing the same in limine.

Heard learned counsel for the parties.

So far as, N.K. Singh (Supra) is concerned, he was involved

in an enquiry as Joint Director, CBI against the the Prime Minister of

India and has been intentionally shifted out to be replaced by a more

pliable person. Such analogy can not be applied to the facts of this

case, since the post of CMO is not great public importance nor the

person is involved in any sensitive or confidential assignment.

Learned Single Judge has not committed any error in rejecting

the petition. Accordingly, the appeal having no merit is hereby

dismissed.

However, the appellant would be at liberty to file a fresh

representation before the competent authority within a period of ten

days from the date of receipt of certified copy of the order passed HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR

WA No. 115/2021 ( Vinay Kumar Bhatt Vs The State of M.P. & others )

today. If such representation is filed, then the competent authority is

directed to decide the same in accordance with law as expeditiously

as possible preferably within a period of four weeks thereafter.

  (S.A. Dharmadhikari)                             (Vishal Mishra)
       Judge                                            Judge

 PRACHI
 MISHRA
 2021.02.2
 7 15:45:42
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