Arpit Pandey vs The State Of Madhya Pradesh
2021 Latest Caselaw 5774 MP

                                      1                           WP-19389-2021
        The High Court Of Madhya Pradesh
                   WP-19389-2021
             (ARPIT PANDEY Vs THE STATE OF MADHYA PRADESH AND OTHERS)

1
Jabalpur, Dated : 21-09-2021
       Heard through Video Conferencing.
       Shri H.S Ruprah, counsel for the petitioner.
       Shri Darshan Soni, Panel Lawyer for the respondents/State.

Challenge being made to the transfer order dated 31.08.2021 (Annexure P - 2) ; whereby the petitioner has been transferred from Central Jain

Narsinghpur to Central Jail Ujjain.

It is pointed out that the petitioner the distance between Narsinghpur and Ujjain is more than 300 kms and previously one Sanjay Batham was transferred from sub-jail Karera to Central Jail Ujjain but his transfer was cancelled and in his place, the petitioner has been transferred. It is submitted that there is no adult male member in the family to look after the mother of the petitioner who suffers from dementia and is under treatment. 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 the condition of service and the same has been made 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 and personal inconvenience cannot be a ground to interfered in the transfer order 2 WP-19389-2021 and also the fact that the transfer is a condition of service, this Court deem it appropriate to dispose of the writ petition with a direction to the petitioner to submit a fresh representation to the respondent no.2 supported by all the documents within a period of 7 days from today and in case such a representation is submitted, the respondent no.2 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

Prar

Digitally signed by PRARTHANA SURYAVANSHI Date: 2021.09.22 17:12:54 +05'30'