Madhya Pradesh High Court
Naval Singh vs The State Of Madhya Pradesh on 13 September, 2021
Author: Vishal Mishra
1 WP-17107-2021
The High Court Of Madhya Pradesh
WP-17107-2021
(NAVAL SINGH Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Jabalpur, Dated : 13-09-2021
Heard through Video Conferencing.
Shri Rajesh Prasad Dubey, learned counsel for the petitioner.
Shri Mukund Chourasiya, learned panel lawyer for the
respondents/State.
Challenge is being made to the transfer order dated 28.08.2021
whereby the petitioner's services have been transferred from Pipra Kurand
Tehsil and District Singrauli to Tehsil Chitrangi 100 Kms away on
administrative grounds.
It is submitted that the petitioner has filed an application seeking mutual
transfer on his own request pointing out the difficulties. That has not been
taken into consideration by the Authorities and the transfer order has been
passed. The same is violative of Clause 20 of the transfer policy dated
24.06.2021. It is pointed out that the petitioner has not been relieved till date
and has submitted a detailed representation to the respondent/Authorities. The
same is pending consideration and has not been decided.
An innocuous prayer is made to get the representation decided at an
early date and as the petitioner has not been relieved, he may be permitted to
work at the present place of posting.
Per contra, learned counsel for the State has opposed the prayer and
submitted that transfer is a condition of service and the petitioner has been
transferred on administrative grounds on the approval from the concerning
minister, which is reflected from the impugned order itself. He has placed
reliance on judgment passed by the Division Bench of this Court in the case
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 and submitted that the only relief which can be granted to
Signature Not
SAN
Verified the petitioner is a direction to decide the representation and if the petitioner
Digitally signed by
ANINDYA SUNDAR
MUKHOPADHYAY
Date: 2021.09.13
18:07:38 IST
2 WP-17107-2021
prefers a fresh representation to the respondent No.2 in pursuance to the
transfer order, then the same will be considered and decided expeditiously.
Heard learned counsel for the parties and perused the record.
The petitioner is subjected to transfer vide impugned order dated
28.08.2021 at Tehsil Chitrangi on administrative grounds. The transfer order
clearly reflects that the same has been passed after approval of the concerning
minister of the State. The law in respect to the transfer is well settled and
decided by the Division Bench of this Court in the case 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. The application dated 23.07.2021 is stated to be not considered by the
Authorities while passing the impugned transfer order.
Looking to the overall facts and circumstances of the case and also the
law laid down in the aforesaid cases, this Court deems it appropriate to
dispose of this writ petition with a direction to the petitioner to re-submit the
application/representation to the respondent No.2 within a period of seven
days from today and in case such representation is filed, the respondent No.2
is directed to dwell upon the same and pass a self-contained speaking order
redressing the grievances of the petitioner and communicate the outcome to
the petitioner within a period of 30 days from the date of receipt of certified
copy of this order.
With the aforesaid observations, the petition stands disposed of.
(VISHAL MISHRA)
JUDGE
AM
Signature
SAN Not
Verified
Digitally signed by
ANINDYA SUNDAR
MUKHOPADHYAY
Date: 2021.09.13
18:07:38 IST
