Tapas Ghosh Roy vs The State Of Madhya Pradesh
2021 Latest Caselaw 5697 MP

                                                          1                             WP-18821-2021
                              The High Court Of Madhya Pradesh
                                         WP-18821-2021
                                 (TAPAS GHOSH ROY Vs THE STATE OF MADHYA PRADESH AND OTHERS)


                      Jabalpur, Dated : 20-09-2021
                            Shri Jitendra Arya, counsel for the petitioner.

                            Shri Mukund Chourasia, Panel Lawyer for the respondents/State.

Challenge being made to the transfer order dated 31.08.2021 (Annexure P-1); whereby the petitioner has been transferred from the office of District Planning and Statistics, Harda to the office of District Planning and Statistics,

Hoshangabad.

Challenge is being made on the ground that the mother of the petitioner is old and infirm and there is no one in the family to take care of her. The children of the petitioner are also studying in school at Harda. It is pointed out that the transferred place is 150 kilometers from the present place of posting. Due to shortage of staff at the present place the office work is adversely affected. The Collector, Harda has issued a letter/recommendation on 02.09.2021 in favour of the petitioner. There is no complaint against the petitioner; therefore, his transfer is in violation of Clause-25 of the Transfer

Policy. In such circumstances, an innocuous prayer has been made by the petitioner with a direction to the respondents to consider and decide the same expeditiously.

P er contra, State counsel has opposed the prayer stating that the transfer is on administrative exigencies. The representation submitted by the petitioner will be considered and decided expeditiously. He has relied upon the judgments of the Division Bench of this Court in the case of R.S. Chaudhary and Others v. State of M.P. and Others, ILR (2007) MP 1329 and in the case of Mridul Kumar Sharma v. State of M.P. and Others reported in ILR (2015) MP 2556. In such circumstances, no interim relief can be granted to the petitioner.

Heard the learned counsel for the parties and perused the record. Signature Not SAN Verified Considering the overall facts and circumstances of the case, this Court Digitally signed by TAJAMMUL HUSSAIN KHAN Date: 2021.09.21 11:49:05 IST 2 WP-18821-2021 deem it appropriate to dispose of the writ petition with a direction to the petitioner to submit a fresh representation to the respondent no.3 supported by all the documents within a period of 7 days from today and in case such a representation is submitted, the respondent no.3 is directed to dwell upon the same and pass a self contained speaking order and communicate the outcome

to the petitioner within a period of 15 days from the date of receipt of certified copy of this order.

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

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

                                                                             (VISHAL MISHRA)
                                                                                  JUDGE


                      taj




Signature
 SAN      Not
Verified

Digitally signed by
TAJAMMUL
HUSSAIN KHAN
Date: 2021.09.21
11:49:05 IST