Avnish Bansal vs The State Of Madhya Pradesh
2021 Latest Caselaw 3445 MP

                                  1                               WP-12544-2021
        The High Court Of Madhya Pradesh
                   WP-12544-2021
            (AVNISH BANSAL Vs THE STATE OF MADHYA PRADESH AND OTHERS)

1
Gwalior, Dated : 19-07-2021
      Shri Vivek Jain, learned counsel for the petitioner.
      Shri Devendra Choubey, learned PL for the respondents/State on

advance notice.

Heard through Video Conferencing.

Heard on admission and interim relief.

Petitioner is aggrieved by the order dated 13.07.2001 whereby while working as SDO(P), Lahar has been transferred to Police Headquarter, Bhopal. The grievance of the petitioner as reflected in the petition and arguments is frequent transfers. According to counsel for the petitioner, the petitioner suffered four transfers in last sixteen months. Annexure P/2 to Annexure P/4 have been filed in support of his submission. He referred Clause 17 of Transfer Policy, 2001 to demonstrate the fact that a government servant / civil servant must be given three years tenure on a particular post and according to him, said clause is reflection of spirit echoed by the Hon'ble

Apex Court in the case of Prakash Singh and others Vs. Union of India and others reported in (2006) 8 SCC 1 and T.R. Subramaniyam Vs. Union of India reported in (2015) 15 SCC 732.

According to learned counsel for the petitioner, in his place no incumbent has been posted to take charge and therefore, he is still working at present place of posting as SDO(P), Lahar. Action of respondents is arbitrary and guided with malafide.

Learned Panel Lawyer for the respondent/State opposed the prayer and submitted that transfer is an incident of service. He can be posted wherever his services are required. He relied upon the judgments in the case of Union of India and others Vs. S.L. Abbas reported in 1993 4 SCC 357, K.K. Arya Vs. M.P. Madhya Kshetra Vidyut Vitran reported in 2013 1 MPLJ 2 WP-12544-2021 288, and Mridula Kumar Sharma Vs. State of Madhya Pradesh reported in 2015 4 MPLJ 480.

Heard the learned counsel for the parties.

Issue notice to the respondents/State on payment of process fee within three working days through registered AD. mode, returnable within four weeks.

Considering the plea of frequent transfers, effect and operation of impugned order dated 13.07.2001 shall remain stayed and petitioner shall be allowed to work as SDO(P), Lahar, till further orders.

C.C. as per rules.

                                                                           (ANAND PATHAK)
                                                                               JUDGE


  Rashid


RASHID        Digitally signed by RASHID KHAN

DN: c=IN, o=HIGH COURT Of M P BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=23377d7d214c811801fc322b576ca4ed1954237f63244

KHAN 16af3985b5e9940ed42, serialNumber=111cc474a72b078dc9a89f3cb13bb668fd8e0e91 beda3cb721bbd836d768b09c, cn=RASHID KHAN Date: 2021.07.20 13:41:08 +05'30'