Devendradhar Dwivedi vs The State Of Madhya Pradesh
2021 Latest Caselaw 7052 MP

                                                        1                              WP-23936-2021
                              The High Court Of Madhya Pradesh
                                       WP No. 23936 of 2021
                              (DEVENDRADHAR DWIVEDI Vs THE STATE OF MADHYA PRADESH AND OTHERS)


                      Jabalpur, Dated : 29-10-2021
                             Shri R.K.Tiwari, learned counsel for the petitioner.

                             Shri Akshit Shehgal, learned Panel Lawyer for the respondents/State.

Challenge being made to the order dated 21.10.2021 passed by the respondent authorities whereby, the representation has been submitted by the petitioner in pursuance to the direction given by this Court in

W.P.No.20927/2021 dated 04.10.2021 which has been rejected. It is argued that the petitioner was transferred on 22.09.2021 from Gram Panchayat, Parai to Gram Panchayat, Khaira Janpad Panchayat Chitrangi District Singrauli.

The aforesaid transfer order was put to challenge by the petitioner by filing a writ petition being W.P.No.20927/2021 decided on 04.10.2021. Considering the aspect that the earlier transfer order was already executed by the petitioner and there were no requirement on the present place of posting. By placing reliance upon the judgment passed by the Division Bench of this Court in the case of Manmohan Sharma Vs. State of Madhya

Pradesh and others (Writ Appeal No.1249/2017) decided on 02.02.2018. The representation was directed to be submitted by the petitioner and interim relief was granted to the petitioner to continue at the present place of posting i.e. Gram Panchayat, Khaira Janpad Panchayat Chitrangi District Singrauli. The petitioner has submitted a representation in pursuance to the same which was considered and decided by the authorities vide Annexure P/2 dated 21.10.2021. No reasons has been assigned by the authorities while deciding the representation. None of the grounds raised by the petitioner were considered. It was only mentioned that the petitioner was shifted from one office to another office and the aforesaid was done under the administrative requirements and the same does not cost any financial burden to the administrative exchequer but the actual grounds has not been considered by Signature Not SAN Verified the authorities.

Digitally signed by SMT SHALINI SINGH LANDGE Date: 2021.10.30 10:32:11 IST 2 WP-23936-2021 Counsel appearing for the State could not justify the order dated 21.10.2021. It is only contended that the reasons have been assigned by the authorities while deciding the representation to the extend which is reflected in concluding para of the decision taken by the authorities which reads as under :-

''Jh f}osnh dh inLFkkiuk tuin iapk;r fprjaxh ds {ks=kUrxZr xzke

iapk;r ijkbZ esa dh xbZ] ftlesa 'kklu dks vU; dksbZ foRrh; Hkkj ugha vk,xk''

It is not disputed that the petitioner has already executed the earlier transfer order therefore, there should be some justification or reasons should be assigned before cancellation of execution of the transfer order in lieu of the judgment passed in the case of Manmohan Sharma (supra).

In such circumstances, the order impugned dated 21.10.2021 is hereby quashed. The authorities are directed for fresh consideration of the representation of the petitioner in pursuance to the directions given by this court while deciding W.P.No.20927/2021 dated 04.10.2021. Till the decision on the representation, petitioner is permitted to work at Gram Panchayat, Khaira Janpad Panchayat Chitrangi District Singrauli.

Needless to say that this Court has not commented upon the merits of the case.

With the aforesaid observations, this petition is disposed of.

                                                                                       (VISHAL MISHRA)
                                                                                            JUDGE

                      Sha




Signature
 SAN      Not
Verified

Digitally signed by
SMT SHALINI
SINGH LANDGE
Date: 2021.10.30
10:32:11 IST