Anand Mishra vs The State Of M.P.
2021 Latest Caselaw 2508 MP

                                    1                               WP-9507-2021
         The High Court Of Madhya Pradesh
                    WP-9507-2021
                   (ANAND MISHRA Vs THE STATE OF M.P. AND OTHERS)

1
Jabalpur, Dated : 17-06-2021
        Heard through Video Conferencing.
        Shri Akash Choudhury, learned counsel for the petitioner.
        Shri Amit Bhurrak, learned PL for the respondents/State, on advance

copy.

Heard on the question of admission as well as for grant of stay.

The petitioner is aggrieved by the order (Annexure P/1) dated 17.02.2021 whereby he has been transferred from the post of Assistant Commissioner, Tribal Welfare Department,Sidhi to the post of Research Officer, Tribal Research & Welfare Department,Bhopal. The contention of learned counsel for the petitioner is that it is not an equivalent or substantive post of the petitioner. He belongs to a different cadre and cannot be transferred from one cadre to another cadre. He has relied on a judgment passed in the case of Vice Chancellor, L.N.Mithila University vs. Dayanand Jha (1986) Vol.3 SCC 7. It is further pointed out that the

petitioner was earlier suffering from Covid-19, hence, could not file the petition immediately after order of transfer. He is, at present, on medical leave and has not been relieved.

Learned PL appearing for the respondents/State prays for time to seek instructions in the matter.

Considering the aforesaid, let notices be issued to the respondents on payment of process fee within a week by ordinary as well as RAD mode, returnable within three weeks.

As an interim measure, it is directed that the effect and operation of the impugned order (Annexure P/1) dated 17.02.2021 shall remain stayed till next date of hearing.

Also heard Shri R.P.Gupta, Advocate on IA No.5399/2021, for 2 WP-9507-2021 intervention.

The aforesaid application has been filed by one Veer Bahadur Singh who is Hostel Supdt.in Govt. Middle School, Sidhi. It is submitted that the intervenor has filed a complaint against the petitioner for irregularity and mis- appropriation while he held the charge as Assistant Commissioner, Tribal Welfare Department, Sidhi, and on the basis of his complaint, the petitioner

has been transferred. The order of transfer has been passed by Deputy Secretary, Tribal Works Department, Bhopal which directly affects the petitioner. The complainant/intervenor has no locus to file this application as he is not affected by the said impugned transfer order. At the most, he could be called as a witness in the enquiry, if any, pending against the petitioner on the basis of his complaint, but to challenge and intervene in the present petition, he cannot be permitted, hence, the application for intervention is hereby rejected.

List this matter after three weeks.

Certified copy/e-copy as per rules/directions.

(NANDITA DUBEY) JUDGE

jk

Signature Not Verified SAN

Digitally signed by JITIN KUMAR CHOURASIA Date: 2021.06.17 15:58:42 IST