Rajendra Kumar Anuragi vs M.P. Power Generating Company ...
2021 Latest Caselaw 6081 MP

                                                        1                              WP-11474-2021
                              The High Court Of Madhya Pradesh
                                         WP-11474-2021
                        (RAJENDRA KUMAR ANURAGI Vs M.P. POWER GENERATING COMPANY LIMITED AND OTHERS)


                      Jabalpur, Dated : 27-09-2021
                            Heard through Video Conferencing.

                            Shri Rajas Pohankar, counsel for the petitioner.
                            Shri Takmeel Nasir, counsel for the respondents.

Challenge being made to the transfer order dated 21.06.2021 (Annexure P-3), passed by the respondent no.2; whereby the petitioner has been

transferred from Khandwa to Chachai.

The main ground of challenge is that the impugned order of transfer shows that the petitioner has been transferred on the post of Safety Officer at Chachai.

Counsel for the petitioner has filed certain documents to point out the fact that there is no post of Safety Officer available in the respondents Establishment. Although, a reply has been filed by the respondents in the matter, but the ground, which has been taken in paragraph-6.2 of the petition to the effect that there is no post of Safety Officer in the Organizational

Structure of the Company on which the petitioner is being transferred. The reply is silent about this aspect. The other ground, which has been taken is the difficulty being faced by the petitioner for complying with the transfer order as the transferred place of posting is at a distance of 700 kilometers from Indore; where he is taking the treatment. It is pointed out that he has recently undergone a major surgery; wherein, the implant was made and now for removal of the implant he is under treatment at Indore. An innocuous prayer has been made to direct the respondent no.2 to consider and decide the representation and till then the respondents may be directed to permit the petitioner to work at Khandwa itself.

Counsel appearing for the respondents could not dispute the fact that the reply is totally silent about the fact regarding the availability of post of Signature Not SAN Verified Safety Officer in the Organizational Structure of the Company. He prays for a Digitally signed by TAJAMMUL HUSSAIN KHAN Date: 2021.09.28 12:33:48 IST 2 WP-11474-2021 short adjournment to seek instructions to the aforesaid effect. A reply has already been filed in the matter by the respondents, but the same is silent about the aspect that whether there is any post of Safety Officer available in the Organizational Structure of the Company. He has further placed reliance upon certain judgments passed by the Hon'ble Supreme Court to the effect

that the transfer order normally should not be interfered, which are as under:-

1. Gujarat Electricity Board Vs. Atmaram Sungomal Poshani, (1989) 2 SCC 602

2. Shilpi Bose (Mrs.) Vs. State of Bihar, 1991 Supp. (2) SCC 659

3. Union of India Vs. S.L. Abbas, (1993) 4 SCC 356

4. Airporst Authority of India Vs. Rajeev Ratan Pandey, (2009) 8 SCC

The aforesaid aspect is correct that there should not be any interference in the transfer order untill and unless there is some gross violation of terms and conditions or rules or is an outcome of malafides, but in the present case respondents could not point out the fact that the post of the Safety Officer is available in their Organization.

In such circumstances, this Court deems it appropriate to dispose of this writ petition with a direction to the petitioner to file a fresh representation to the respondent No.2, in case if such a representation is filed within a period of seven days and in turn the respondents No.2 is directed to dwell upon the representation 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.

Till the decision on the representation, the respondents are directed to permit the petitioner to continue at Khandwa.

Needless to mention that this Court has not expressed any opinion on the merits of the case.

Accordingly, the petition is disposed of.

Signature Not
 SAN
Verified                                                                         (VISHAL MISHRA)
Digitally signed by
TAJAMMUL
HUSSAIN KHAN
Date: 2021.09.28
12:33:48 IST
                             3     WP-11474-2021
                                JUDGE
                      taj




Signature
 SAN      Not
Verified

Digitally signed by
TAJAMMUL
HUSSAIN KHAN
Date: 2021.09.28
12:33:48 IST