Sudhir Shourie vs The State Of Madhya Pradesh
2021 Latest Caselaw 5768 MP

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         HIGH COURT OF MADHYA PRADESH
                                                 W.P. 18972/2021

         (Sudhir Sourie Vs. State of M.P. & Ors.)
Gwalior dated 21.09.2021
      Shri Rajnish Sharma, learned counsel for the petitioner.
      Shri Jeetesh Sharma, Government Advocate for the
respondents/State.

Heard on the question of admission and interim relief.

By this petition, under Article 226 of the Constitution of

India, challenge has been made to order dated 27/08/2021

(Annexure P/1), whereby petitioner, a Sub Engineer, has been

transferred from Guna PWD Division to Tikamgarh PWD

Division on administrative exigency.

Learned counsel for the petitioner submits that the

impugned order of transfer is in blatant violation of the

transfer policy. It is further submitted that the said transfer

order has been issued in mid academic session, which will

affect the petitioner's daughter education, who is studying in

class XII in CBSE School at Guna, which is a crucial stage in

the career of a student, which if disturbed can jeoparadise the

future career of a student. Learned counsel for the petitioner in

support of his contention has placed reliance on the judgment

of Division Bench of this Court dated 16/07/2019 passed in

W.A. No. 1141/2019 (Ripudaman Singh Yadav Vs. State of

M.P. and others), wherein, the transfer order has been

interfered where the ward of the public servant whose children

HIGH COURT OF MADHYA PRADESH W.P. 18972/2021

were studying in class 11th and 12th standard. It is further

submitted that 80 years old mother of the petitioner is

suffering from various ailments and there is no male member

in the family except the petitioner to take care of his old aged

mother. It is further submitted that petitioner has already

submitted a representation before the competent authority,

which is pending consideration. On these grounds, prays for

quashing of the impugned order.

In response, learned Government Advocate submits that

no interference with the order of transfer is warranted as the

same has been done owing to administrative exigency.

Moreover, the transfer policy is in the nature of guidelines.

There is no statutory violation of any rules and no malafide

has been pleaded. With the aforesaid, he submits that the

petition being devoid of merit and substance deserves to be

dismissed.

Having heard learned counsel for the parties, in the

interests of justice, petitioner is directed to file a fresh

representation with the competent Authority canvassing the

grounds as marshalled in this petition along with all relevant

documents together with certified copy of this order within

HIGH COURT OF MADHYA PRADESH W.P. 18972/2021

Seven days of its receipt. If such a representation is filed, the

Authority concerned shall decide the same by a self contained

speaking order, in accordance with law, as expeditiously as

possible preferably within a period of two weeks from the date

of receiving such representation.

Till the representation is decided, status-quo as it exists

today shall be maintained by both the parties.

It is made clear that this Court has not expressed any

opinion on the merits of the case.

With the aforesaid, the petition stands disposed of.

(S.A. Dharmadhikari) Judge

Durgekar* Digitally signed by SANJAY N DURGEKAR DN: c=IN, o=HIGH COURT OF

SANJAY N MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR,

DURGEKAR postalCode=474011, st=Madhya Pradesh, 2.5.4.20=148d33096a059f4adb584e1 b0b1d3a3616b3e020c6aff92108afad4 76190e841, cn=SANJAY N DURGEKAR Date: 2021.09.23 14:23:30 +05'30'