Moh. Shaheen Khan vs The State Of Madhya Pradesh
2021 Latest Caselaw 683 MP

                                  1                                WP-5771-2021
          The High Court Of Madhya Pradesh
                     WP-5771-2021
          (MOH. SHAHEEN KHAN Vs THE STATE OF MADHYA PRADESH AND OTHERS)

1
Jabalpur, Dated : 12-03-2021
      Shri Jubin Prasad, learned counsel for the petitioner.
      Shri Ashok Sinha, learned Panel Lawyer for the respondents No.1 and

2. Shri Prakash Kumar Gupta, learned counsel for respondent No.3 on advance copy.

In the instant petition a challenge has been made to the transfer order dated 19.2.2021 passed by the respondent No.1 whereby the petitioner who is an employee of Municipal Corporation, Khandwa has been transferred to Municipal Council, Khategaon, Dewas.

Counsel for the petitioner submits that transfer is contrary to the provisions of Section 58(5) and (6) of the Municipal Corporation Act, 1956 as well as to the Rule 14 of M.P. Municipal Corporation (Appointment and Condition of Service of Officers and Servant) Rules, 2000 and also contrary to the judgment passed by the Full Bench of this Court in the case of Indore

Nagar Nigam Karamchari Congress Vs. State of Madhya Pradesh - 1998(1) MPLJ 449, wherein it has been held that an employee of Corporation cannot be transferred to a Municipal Council in a routine manner.

In view of the aforesaid submissions, issue notice to the respondents on payment of P.F. within 7 working days by both modes failing which the petition shall stand dismissed without reference to the Court. Notice be made returnable within four weeks.

Till the next date of hearing, the operation of the impugned order dated 9.2.2021 (Annexure P/1) so far as it relates to the petitioner shall remain stayed.

C.C. as per rules.

                                                  (VIJAY KUMAR SHUKLA)
                                                      2           WP-5771-2021
                                                         JUDGE
                                       mrs. mishra




Signature Not Verified
  SAN




Digitally signed by MRS DEEPA MISHRA
Date: 2021.03.12 16:01:54 IST