Smt. Babita Shah vs The State Of Madhya Pradesh
2021 Latest Caselaw 2733 MP

                                   1                                WP-3511-2021
        The High Court Of Madhya Pradesh
                   WP-3511-2021
           (SMT. BABITA SHAH Vs THE STATE OF MADHYA PRADESH AND OTHERS)


Jabalpur, Dated : 26-06-2021
      Heard through Video Conferencing.

      Shri Ashok Shrivastava, Advocate, for the petitioner.
      Shri Akshay Pawar, learned Panel Lawyer for the respondents no.1 and

2 on advance copy.

The petitioner has filed the present petition under Article 226 of the

Constitution of India challenging the legality and validity of order dated 05.02.2021 whereby the petitioner has been transferred from Primary Health Centre, Misrod District- Bhopal to the office of Chief Medical and Health Officer, District-Sehore in Health Centre Nasrullahganj.

Learned counsel for the petitioner submits that aforesaid order has been issued contrary to the transfer policy as in the month of February there was ban on the transfer and he further submitted that the transfer order has been issued on account of malice on the part of respondent no.5.

On query made by this Court that since when the petitioner is posed at

Misrod, learned counsel for the petitioner submitted that petitioner is posted at Misrod since 05.02.2012. The petitioner has already stayed at Misrod for a sufficient period for more than 9 years and thereafter the petitioner has been transferred on administrative exigency which is reflected from the impugned order. The petitioner has not placed any material of malafide against the respondent no.5 and the order has been issued by the Director of Health Services, Bhopal and not from the office of respondent no.5.

In the present case, the impugned transfer order has been issued on administrative ground and law relating to scope of interference in the transfer matter is no longer res-integra, as held by the Supreme Court in the cases of Gujrat Electricity Board and another vs. Atmaram Sungomal Poshani, (1989) 2 SCC 602; Union of India and others vs. S.L. Abbas, AIR1993 SC 2444 and the judgment passed by a Division Bench of this Court in the 2 WP-3511-2021 case of R.S.Choudhary vs. State of M.P. and others, 2007 (2) ILR MP Series 1329, the transfer is an incidence of service and the transfer order can only be interfered by the Courts of law if the transfer is issued in violation of the statutory rules or the order suffers from malafide exercise of powers. The petitioner has failed to make out any case warranting interference under

Article 226 of the Constitution of India.

Accordingly, the writ petition is dismissed.

(VIJAY KUMAR SHUKLA) JUDGE

anu

Signature Not Verified SAN

Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2021.06.26 17:08:41 IST