Jahar Singh Bundela vs The State Of Madhya Pradesh
2021 Latest Caselaw 6078 MP

                                                        1                                   WP-7695-2021
                         The High Court Of Madhya Pradesh
                                    WP-7695-2021
                          (JAHAR SINGH BUNDELA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

           4
           Jabalpur, Dated : 27-09-2021
                  Heard through Video Conferencing.
                  Shri Rajmani Mishra, learned counsel for the petitioner.
                  Shri Ankit Agrawal, learned Govt. Advocate for the respondents/State.

Ms. Amrit Kaur Ruprah, learned counsel for the intervenor. With the consent of the parties, the matter is heard finally.

Challenge being made to the order dated 17.03.2021 whereby the petitioner has been transferred from Gram Panchayat Ragouli, Janpad Panchayat Bijawar, Chhatarpur to Gram Panchayat Nandgaon District Chhatarpur.

The grounds raised for challenging the transfer order is that it is apparently illegal, arbitrary and fanciful exercise of powers on the part of the respondents and is malicious in nature, as the transfer order was passed on a complaint of a member of the political party.

It is seen from the record that the interim relief was granted to the petitioner on 05.04.2021 and the same was continued on 21.06.2021 considering the judgment

passed by the Supreme Court in the case of Somesh Tiwari Vs. Union of India and others reported in (2009) 2 SCC 592 and in the case of K.S.Verma Vs. State of M.P. and others reported in ILR (2011) MP 1720 and the interim relief was continued.

Counsel appearing for the respondents submits that the petition may be disposed of directing the respondents/Authorities to consider and decide the representation of the petitioner and till the representation of the petitioner is decided, the petitioner may be continued at the present place of posting as there is already an interim relief in his favour.

The prayer appears to be reasonable and has not opposed by the learned counsel for the petitioner.

Signature Not In such circumstances, this Court deems it appropriate to dispose of this writ SAN Verified

Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2021.09.30 13:46:44 IST 2 WP-7695-2021 petition with a direction to the petitioner to prefer a fresh representation to the respondent No.2 and in case such a representation is filed, the respondent No.2 is directed to dwell upon the same and pass a self contained speaking order after granting audience to the petitioner and outcome be communicated to the petitioner within a period of 30 days from the date of receipt of certified copy of this order.

Needless to say that as there is already an interim relief granted on 05.04.2021

and in pursuance to the same the petitioner is continuing at the present place of posting i.e. Gram Panchayat Ragouli, Janpad Panchayat Bijawar, Chhatarpur, the respondents are directed to permit him to continue at the aforesaid Panchayat, till the decision on the representation.

With the aforesaid observations, this petition is disposed of.

                                                                             (VISHAL MISHRA)
                                                                                  JUDGE


           AM




Signature
 SAN      Not
Verified

Digitally signed by
ANINDYA SUNDAR
MUKHOPADHYAY
Date: 2021.09.30
13:46:44 IST