Manoj Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 5527 MP

                                                         1                              WP-18772-2021
                              The High Court Of Madhya Pradesh
                                         WP-18772-2021
                                   (MANOJ SINGH Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                      1
                      Jabalpur, Dated : 16-09-2021
                             Heard through Video Conferencing.
                             Shri K.C.Ghildiyal, learned counsel for the petitioner.
                             Shri Sanjeev K. Singh, learned panel lawyer for the respondents/State.

Challenge being made to the transfer order dated 05.08.2021 (Annexure P-6) whereby, the petitioner has been transferred from Jila Panchayat,

Jabalpur to Jila Panchayat, Tikamgarh.

It is submitted by the learned counsel for the petitioner that the petitioner has been subjected to frequent transfers. Earlier the petitioner was transferred from Janpad Panchayat, Jabalpur to Janpad Panchayat Jabera on 29.08.2018. Again on 28.02.2019, the petitioner was transferred to Jila Panchayat Betul and thereafter on 20.07.2019 he was again transferred to Jila Panchayat, Jabalpur. Now within a period of two years the petitioner is again subjected to transfers to Jila Panchayat, Tikamgarh. It is also submitted that the wife of the petitioner is a chronic patient of Diabetes and she is suffering

from other serious ailments relating to Gynecological problems and undergoing regular treatment at Jabalpur. It is submitted that there are no medical facilities in Tikamgarh. It is submitted by the learned counsel for the petitioner that the transfer order is in violation of Clause 17 of the transfer policy. It is further submitted that the petitioner has submitted a representation to the respondents/Authorities but the same has not been considered and decided till date.

Per contra, learned counsel for the State has opposed the prayer and submitted that the transfer is a condition of service and the said transfer is on administrative grounds. It is further submitted that as far as other grounds regarding representation are concerned, the same will be dealt with by the

Signature Not Authorities and decided expeditiously. He has placed reliance in the Division SAN Verified

Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2021.09.17 18:24:08 IST 2 WP-18772-2021 Bench judgment 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.

Heard the learned counsel for the parties and perused the record. On perusal of the record, it is seen that the the grounds which have been raised by the petitioner regarding frequent transfers of petitioner that on

29.08.2018, he has been transferred from Janpad Panchayat, Jabalpur to Janpad Panchayat, Jabera and again on 28.02.2019, the petitioner was transferred to Jila Panchayat Betul and thereafter on 20.07.2019 he was again transferred to Jila Panchayat, Jabalpur, but the fact remains that the petitioner is already working at the present place of posting since the year 2019 at Jabalpur and almost worked there for a considerable period of 2 years. In such circumstances, it cannot be said that the petitioner has been frequently transferred and there is violation of Clause 17 of transfer policy. Law in respect of transfer is settled 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.

Considering the overall facts and circumstances of the case and also the fact that the petitioner has submitted a detailed representation, as well as 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 submit a detailed representation to the respondent No.1 within a period of seven days and in turn the respondent No.1 is directed to dwell upon the representation and pass a self contained speaking order within a period of one month from the date of receipt of certified copy of this order and communicate the outcome to the petitioner.

Needless to mention that this Court has not expressed any opinion on the merits of the case.

With the aforesaid observations, this petition is disposed of. Certified copy as per rules.

Signature
 SAN      Not
Verified

Digitally signed by
ANINDYA SUNDAR
MUKHOPADHYAY
Date: 2021.09.17
18:24:08 IST
                            3          WP-18772-2021
                               (VISHAL MISHRA)
                                    JUDGE
                      AM




Signature
 SAN      Not
Verified

Digitally signed by
ANINDYA SUNDAR
MUKHOPADHYAY
Date: 2021.09.17
18:24:08 IST