Ashish Sharma vs The State Of Madhya Pradesh
2021 Latest Caselaw 5704 MP

                                                          1                            WP-19168-2021
                              The High Court Of Madhya Pradesh
                                         WP-19168-2021
                                  (ASHISH SHARMA Vs THE STATE OF MADHYA PRADESH AND OTHERS)


                      Jabalpur, Dated : 20-09-2021
                            Heard through Video Conferencing.

                            Shri Sanjeev Tuli, counsel for the petitioner.
                            Shri Ankit Agrawal, Government Advocate 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 Satna to Ujjain.

Challenge is being made on the solitary ground that mother of the petitioner is 85 years old and is suffering from heart disease, diabetes, blood pressure, etc. There is nobody in the house to look after her and her treatment is still continuing at Satna. The transferred place i.e. Ujjain is more than 600 kilometers from the present place of posting. In such circumstances, he made an innocuous prayer to the respondents directing them to consider and decide the representation 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. Considering the overall facts and circumstances of the case, this Court deem it it appropriate to dispose of the writ petition with a direction to the petitioner to submit a fresh representation to the respondents no.1 and 2 supported by all the documents within a period of 7 days from today and in case such a representation is submitted, the respondents no.1 and 2 are Signature Not SAN Verified directed to dwell upon the same and pass a self contained speaking order and Digitally signed by TAJAMMUL HUSSAIN KHAN Date: 2021.09.21 11:49:07 IST 2 WP-19168-2021 communicate the outcome to the petitioner within a period of 30 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
11:49:07 IST