Raghunath Prasad Tiwari vs State Of Madhya Pradesh
2021 Latest Caselaw 6080 MP

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              THE HIGH COURT OF MADHYA PRADESH

                        Writ Petition No.20449 of 2019
     (Raghunath Prasad Tiwari Vs. The State of Madhya Pradesh and others)

Jabalpur, Dated : 27.09.2021

      Shri Deepak Kumar Pandey, learned counsel for the petitioner.

      Shri Sheetal Tiwari, learned panel lawyer for the respondents/State.

Shri D.K.Shukla, learned counsel for the respondent No.4.

The present petition under Article 226 of the Constitution of India has

been filed challenging the transfer order dated 18.09.2019 (Annexure P-5)

passed by the respondent No.2, whereby, the petitioner has been transferred

from Gram Panchayat Singwara, Janpad Panchayat Pawai District Panna to

Gram Panchayat Madhpur District Panna.

It is seen from the record that the interim relief was granted to the

petitioner on 30.09.2019 to the following effect :-

"Heard on the question of admission.

By this writ petition, the petitioner who is working as Panchayat

Secretary has challenged the transfer order dated 18.09.2019, whereby he

has been transferred from Singwara to Madhpur.

Learned counsel for the petitioner submits that the petitioner being a

Class IV employee is subjected to frequent transfer. He has submitted that

by the order dated 19.07.2019, the petitioner was transferred from Rajpura

to Garikarhiya and he had joined at the transferred place at Garikarhiya on

29.07.2019. Thereafter, vide order dated 30.07.2019, the petitioner was

transferred from Garikarhiya to Singwara and he had joined at Singwara on

03.08.2019 within a period of about less than 2 months. Now, again he has

been transferred from Singwara to Madhpur. He has submitted that such a

frequent transfer of Class-IV employee cannot be sustained. In view of the

judgment of the Supreme Court in the matter of B. Vardha Rao Vs. State of

Karnataka and others reported in 1986 4 SCC 131 and that in the similar

circumstances, the Coordinate Bench has granted a stay in W.P.

No.13204/2019.

Learned counsel for the respondent No.4 has opposed the writ

petition submitting that he was earlier transfer and on this writ petition, the

direction was issued to decide the representation therefore, now he has been

posted at Singwara but he has not disputed that the respondent No.4 is

working at Singwara since 2014.

Issue notice to the respondents No.1 to 3 on payment of process fee

within one week, returnable within 4 weeks.

Till the next date of hearing, the operation of the impugned transfer

order dated 18.09.2019 relating to the petitioner shall remain stayed."

Counsel appearing for the respondents submits that the petition may

be disposed of directing the authorities/respondents to consider the case of

the petitioner and decide his representation within the stipulated time frame

and as there is already an interim order passed in favour of the petitioner on

30.09.2019, the respondents be directed to permit the petitioner to continue

at the present place of posting, till the decision on the representation as the

administrative exigency no more survives in the matter.

Counsel appearing for the petitioner has no objection to the aforesaid.

Heard the learned counsel for the parties and perused the record.

From the perusal of the record, it is seen that the transfer of the

petitioner was made on 19.07.2019 on administrative grounds. The transfer

order is stayed since 30.09.2019. Virtually the administrative exigency

shown in the transfer order has lost its efficacy by lapse of time. In such

circumstances, this Court deems it appropriate to dispose of the petition by

setting aside the order of transfer of the petitioner and granting liberty to the

authorities to reconsider the case of the petitioner for transfer, in case any

administrative exigency survives.

In these circumstances, the order impugned dated 18.09.2019 so far as

it relates to the petitioner is quashed. The authorities are at liberty to transfer

the petitioner at any place in case there is any administrative exigencies.

With the aforesaid observations, this petition is disposed of.

(Vishal Mishra) Judge AM.

Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2021.09.28 18:01:01 +05'30'