Vinod Kumar vs The State Of Madhya Pradesh
2021 Latest Caselaw 5456 MP

                                    1
              HIGH COURT OF MADHYA PRADESH,
                        BENCH AT GWALIOR
                          WP-18165-2021
                (Vinod Kumar Vs. State of M.P. & Ors.)


Gwalior, Dated : 15/09/2021

      Shri Jitendra Sharma, learned counsel for the petitioner.

      Shri   Abhishek    Mishra,   learned    Panel    Lawyer     for   the

respondent/State.

Heard on the question of admission and interim relief.

Issue notice to the respondents on payment of process fee by

RAD mode within seven working days, failing which this petition shall

stand dismissed automatically without further reference to the Bench.

Notices be made returnable within four weeks.

Learned counsel for the petitioner submits that petitioner is

working on the post of Prathamik Shikshak and has been transferred

from Government Primary School, Chak- Sitaram Ka Pura, Tahsil-

Vijaypur, District- Sheopur (M.P.) to Government Primary School,

Musalman Basti Kachhar Block Sheopur, District- Sheopur (M.P.) vide

impugned order dated 31/08/2021 (Annexure P/1). It is further

submitted that reason shown for his transfer is that a complaint was

received by the Minister in-charge which has been forwarded to the

department and on the basis of that transfer has been made which

amounts to punitive transfer. According to clause 25 of transfer policy

dated 24/06/2021, a person can be transferred only after conducting an

enquiry regarding allegations made in the complaint and if he/she is

found prima facie guilty then he can be transferred.

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR WP-18165-2021 (Vinod Kumar Vs. State of M.P. & Ors.)

Learned counsel for the petitioner has relied upon the judgment of

the Apex Court in the case of Somesh Tiwari Vs. Union of India &

Ors. [(2009) 2 SCC 592] to contend that transfer on the basis of

complaint without any enquiry and providing opportunity of hearing as

a punitive measure is not permissible under the law.

Meanwhile, effect and operation of the impugned order dated

31/08/2021 (Annexure P/1) shall remain stayed till next date of hearing.

List the case in the week commencing 4th of October, 2021.

(S.A. Dharmadhikari) Judge

rahul Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da4606840346 2fdf82ab676d0cde4dee473fe77953f5, cn=RAHUL SINGH PARIHAR Date: 2021.09.16 19:10:24 -07'00'