Mahendra Prasad Tiwari vs The State Of Madhya Pradesh
2021 Latest Caselaw 6902 MP

                                            1

 THE HIGH COURT OF JUDICATURE FOR MADHYA PRADESH,
                    AT JABALPUR

                             (DIVISION BENCH)
                               W.A.No.982 /2021

      Mehendra Prasad Tiwari                                      Appellant
                                      Versus

      State of Madhya Pradesh and others                         ...Respondents
      ---------------------------------------------------------------------------------
      Coram :
              Hon'ble Mr. Justice Ravi Malimath, Chief Justice.
              Hon'ble Mr. Justice Vijay Kumar Shukla, Judge.
      ---------------------------------------------------------------------------------
      Presence :
              Shri A.K.Dwivedi, learned counsel for the appellant.
              Shri Swapnil Ganguly, Deputy Advocate General for the
              respondents/State.
      ---------------------------------------------------------------------------------

                               JUDGMENT

(27/10/2021)

Per : V.K. Shukla, J.

The present intra court appeal has been filed under Section 2(1) of

Madhya Pradesh Uccha Nyayalaya (Khand Nyaypeeth Ko Appeal)

Adhiniyam, 2005, being aggrieved by the order dated 01-10-2021 passed

in W.P. No.15279/2021 whereby the writ petition filed by the appellant

has been dismissed.

2. The appellant challenged the order dated 06-08-2021, whereby he

has been directed to be transferred from Government Higher Secondary

School Ledhra to Government High School Sulkhari, District Anuppur.

3. The challenge has been made on the ground that in the school

where the appellant has been transferred only two teachers are working

and if he is transferred then the students would suffer and their studies

would be affected. Who should be posted where cannot be decided by

the appellant and it is within the domain of the employer to post any

employee. The appellant is working as Incharge Principal in the

Government Higher Secondary School, Ledhra and he has been

transferred only 80 kms. away from the present place of posting.

4. That the learned Single Judge has rightly refused to interfere in

the writ petition against the transfer and held that the scope of

interference in the transfer order is only when the transfer order suffers

from malafide, arbitrary exercise of power or the transfer order is

issued by an incompetent authority. In the present case, the appellant

has failed to make out any such ground for challenging the transfer

order.

5. In view of the aforesaid, we do not find any illegality in the order

passed by the learned Single Judge warranting any interference in the

intra court appeal. Accordingly, the writ appeal is dismissed.

      (RAVI MALIMATH)                        (VIJAY KUMAR SHUKLA)
        CHIEF JUSTICE                                JUDGE


hsp
                   Digitally signed by
                   HARSAHAI PATERIYA
                   Date: 2021.10.29
                   16:44:11 +05'30'