Devendra Pandey vs The State Of Madhya Pradesh
2021 Latest Caselaw 5356 MP

                                                         1                              WP-17947-2021
                              The High Court Of Madhya Pradesh
                                         WP-17947-2021
                                 (DEVENDRA PANDEY Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                      1
                      Jabalpur, Dated : 13-09-2021
                            Heard through Video Conferencing.
                            Shri G.S. Baghel, learned counsel for the petitioner.
                            Shri   Sanjeev     Kumar    Singh,    learned   panel    lawyer    for   the
                      respondents/State.

Challenge is being made to the transfer order dated 6.8.2021 whereby

the petitioner's services have been transferred from Tahsil Naigarhi from Tahsil Gurh 80 Kms away on administrative grounds.

It is submitted that the petitioner is holding the post of Secretary of the Patwari Sangh Gurh which was reflected from Annexure-P-4. The recommendation has also been made by the Minister to cancel the transfer of the petitioner. He has filed an application seeking 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 33 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 No.2/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.

P e r contra, learned counsel for the State has no objection in the innocuous prayer to get decided the representation submitted by the petitioner but as far the interim relief is concerned, transfer order was passed on 6.8.2021 and that has more than one and a half months back. In such circumstances, no interim relief can be granted to the petitioner. He has

Signature Not placed reliance on the judgment passed by the Division Bench of this Court in SAN Verified

Digitally signed by MOHD IRFAN SIDDIQUI Date: 2021.09.14 10:58:30 IST 2 WP-17947-2021 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 the petitioner is a direction to decide the representation and if the petitioner 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. T h e petitioner is subjected to transfer vide impugned order dated 6.8.2021 at Tahsil- Naigarhi 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 26.08.2021 is stated to be not considered by the Authorities while passing 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 15 days from the date of receipt of certified copy of this order.

With the aforesaid observations, the petition stands disposed of.

                                                                               (VISHAL MISHRA)
                                                                                    JUDGE


Signature Not         irfan
 SAN
Verified

Digitally signed by
MOHD IRFAN
SIDDIQUI
Date: 2021.09.14
10:58:30 IST
                       3   WP-17947-2021




Signature
 SAN      Not
Verified

Digitally signed by
MOHD IRFAN
SIDDIQUI
Date: 2021.09.14
10:58:30 IST