Kamlesh Sharma vs The State Of Madhya Pradesh
2021 Latest Caselaw 6040 MP

                                    1                               WP-20578-2021
         The High Court Of Madhya Pradesh
                    WP-20578-2021
            (KAMLESH SHARMA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

1
Gwalior, Dated : 25-09-2021
        Shri Prashant Sharma, Advocate for the petitioner.
        Issue notice to the respondents by RAD mode on payment of process

fee within seven working days, failing which this petition shall stand dismissed without reference to the Court.

Notices be made returnable within four weeks.

Learned counsel for the petitioner submits that this is second round of litigation. In the earlier round of litigation, this Court, vide order dated 12/8/2021 passed in W.P. No.14841/2021 had permitted the petitioner to file a detailed representation against the impugned transfer order and, in turn, the Authority concerned was directed to decide the same, in accordance with law, considering the policy issued by the State Government with respect to transfer of disabled persons, as well as, the judgment passed by the Division Bench of Delhi High Court in V.K.Bhasin Vs. State Bank of Patialia . However, while rejecting petitioner's representation vide order (Annexure

P/2), respondents have not followed the directions of this Court in letter and spirit. Besides, the impugned transfer order is effectuated by malice, inasmuch as respondents' department is facing contempt cases at the instance of son of the petitioner, who happens to be an Advocate.

Meanwhile, effect and operation of impugned order dated 5/8/2021 (Annexure P/1), so far as it relates to the petitioner, shall remain stayed till the next date of hearing.

List this case after four weeks.

(S. A. DHARMADHIKARI) JUDGE

(and)

ANAND SHRIVASTAVA 2021.09.27 11:02:38 +05'30'