Baijnath Prasad Prajapati vs The State Of Madhya Pradesh
2021 Latest Caselaw 6872 MP

                                                        1                               WP-14324-2021
                              The High Court Of Madhya Pradesh
                                         WP-14324-2021
                            (BAIJNATH PRASAD PRAJAPATI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                      4
                      Jabalpur, Dated : 26-10-2021
                            Shri D.K. Tripathi, learned counsel for the petitioner.
                            Shri Devdatt Bhave, learned Panel Lawyer for respondents/State.

Petitioner has filed this petition challenging his transfer order dated 29/07/2021.

Counsel appearing for petitioner submitted that petitioner was

transferred within two years tenure after taking charge at Police Station Chachai. Said transfer order is contrary to judgment passed by Apex Court in case of Prakash Singh reported in 2006 (8) SCC 1.

Learned Panel Lawyer appearing for State contradict the aforesaid position and submitted that order of transfer is not in contravention of aforesaid judgment passed by the Apex Court.

Heard counsel for the parties.

Considering the transfer order contained in Annexure P/5 and date of joining of petitioner at Police Station Chachai, it is clear that petitioner has

joined at Police Station Chachai on 13/05/2021 and he has been transferred on 29/07/2021 i.e. within two years of taking charge at Police Station Chachai.

In view of same, transfer order is passed in violation of judgment passed by Apex Court. Writ petition filed by the petitioner is allowed.

Transfer order dated 29/07/2021 is quashed.

C.C. as per rules.

                                                                               (VISHAL DHAGAT)
                                                                                    JUDGE

                      RS




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Date: 2021.10.27
16:30:55 IST