Madhya Pradesh High Court
Dinesh Chandra Thapak vs The State Of Madhya Pradesh on 8 October, 2021
Author: Vishal Mishra
1
HIGH COURT OF MADHYA PRADESH
W.P. No. 15388/2021
(Dinesh Chandra Thapak vs The State of M.P. & Ors.)
Gwalior, Dated : 08.10.2021
Shri Sanjay Ram Tamrakar, learned counsel for the petitioner.
Shri Shiraz Quraishi, learned Government Advocate for
respondents/State.
With consent, heard finally.
Challenge is being made to the transfer order dated 06/8/2021,
whereby petitioner has been transferred from Shivpuri to Rewa. The
main ground of challenge is that the petitioner has been frequently
transferred on three occasions. It has brought to the notice of this
Court an order passed by Co-ordinate Bench in WP No.19157/2021
(Prem Lal Garg vs. State of Madhya Pradesh & Ors.) dated 27/9/2021
thereby the Court has granted interim relief as under:-
"Petitioner may implead affected person as party in the case.
Till the next date of hearing, no coercive action shall be taken
against petitioner."
It is pointed out that Prem Lal Garg, who was transferred in
place of the petitioner, once there is already an interim order in his
favour then there is no occasion to the petitioner to go and join in the
transferred place of posting. He is still working and not been relieved
by the authorities till date. He has already preferred a detailed
representation to respondent No.1, which is pending consideration and
has not been decided till date. An innocuous prayer is made to direct
respondent No.1 to consider and decide the pending representation
within a short time and till the decision of the representation,
petitioner may be permitted to continue at the present place of posting.
Learned Government Advocate for the State has opposed the
prayer stating that the transfer order dated is 06/8/2021 i.e. almost two
months back and petitioner must have been relieved till date. The
transfer of the petitioner is on administrative side therefore, no
interference is warranted in view of the Division Bench judgment
passed in the cases of R.S.Choudhary Vs. State of M.P. and others
reported in ILR (2007) MP 1329 and Mridul Kumar Sharma Vs.
State of M.P. reported in ILR (2015) MP 2556. But he could not
dispute the fact that other incumbent Prem Lal, who has been
transferred in place of the present petitioner, has been granted interim
relief by this Court vide order dated 27/9/2021 in WP No.
19157/2021. Under such circumstances, he fairly submits that the
representation of the petitioner will be considered and decided
expeditiously.
Heard learned counsel for the parties and perused the record.
After going through the record and considering the order passed
by the Co-ordinate Bench dated 27/9/2021 in WP No. 19157/2021,
this Court is of the considered opinion directing the petitioner to file
fresh representation to the respondent No.1 along with certified copy
of this order and in case such a representation is filed to respondent
No.1 within seven days from today, respondent No.1 is directed to
consider the said representation and to pass speaking order within a
period of one month from the date of receipt of certified copy of this
order passed today and communicate outcome of the same to the
petitioner within the aforesaid period. In case, petitioner is found
entitled for the relief which has been claimed in the
application/representation, the same be extended to the petitioner
within aforesaid period.
Needless to say that if the petitioner has not been relieved till
date and is still working and considering the fact that interim relief has
already been availed by Prem Lal Garg, the petitioner may be
permitted to continue at the present place of posting i.e. Shivpuri till
the decision of the representation.
It is made clear that this Court has not made any comment on
the merits of the case.
With the aforesaid, this petition stands disposed of with no
order as to the cost.
RAM KUMAR
SHARMA
2021.10.08 (Vishal Mishra)
18:14:39
+05'30' Judge
AKS
