Mohammad Zakir Khan vs The State Of Madhya Pradesh
2022 Latest Caselaw 17059 MP

                                                            1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                    WP No. 21460 of 2021
                          WP/05466/2021, WP/05480/2021, WP/06033/2021, WP/27740/2021, CONC/02245/2022,
                           WP/03001/2022, WP/03982/2022, WP/05950/2022, WP/05957/2022, WP/06381/2022,
                           WP/07906/2022, WP/11528/2022, WP/15053/2022, WP/16966/2022, WP/20121/2022,
                           WP/21144/2022, WP/23527/2022, WP/26204/2022, WP/26358/2022, WP/26626/2022,
                                          WP/26959/2022, WP/27449/2022, WP/28202/2022
                         Dated : 21-12-2022
                               Shri H.C.Kohli, Shri Ashish Rawat, Shri Pramesh Jain, Shri Brajesh
                         Kumar Dubey, Shri Subodh Kumar Pandey - Advocate for the petitioners.
                               Shri Amit Seth - Deputy Advocate General for the State.
                               Shri Subodh Kumar Pandey, Shri Brajesh Kumar Dubey, Shri Rajeev

                         Shrivastava, Shri Dilip Pathak, Shri Ravindra Tripathi - Advocate for
                         intervenor.

                               Shri Ashish Rawat, learned counsel for the petitioner(s) submits that as
                         per the provisions contained in Section 68 of the Motor Vehicles Act, 1988, the
                         Incharge Deputy Commissioner (Transport) holding additional charge cannot
                         perform the statutory function i.e. of grant of permit, which is a statutory
                         function. He places reliance on Full Bench Judgment of this Court in Girja
                         Shankar Shukla versus Sub Divisional Officer, Harda AIR 1973 MP 104

                         so also on the decision of a Coordinate Bench of this Hon'ble High Court in
                         Writ Petition No.14727/2017            (Ms/.Jaideep Travels versus State of
                         Madhya Pradesh) decided on 31.10.2018 to contend that the order passed
                         by learned Single Judge in Writ Petition No.4001/2017 decided on
                         21.12.2017 is though considered by a Coordinate Bench at Indore of this
                         Hon'ble High Court in Writ Petition No.1402/2021 and connected matters
                         but the ratio of law has not taken into consideration, therefore, in terms of the
                         Constitution Bench Judgment of this Hon'ble High Court in Jabalpur Bus
Signature Not Verified
Signed by: AMIT JAIN
Signing time:
12/21/2022

6:42:14 PM

Operator Association & Others versus State of Madhya Pradesh & Others 2003 (1) M.P.L.J 513, the earlier decision will have a presidential value.

Shri Amit Seth, learned Deputy Advocate General for the State in his turn submits that the controversy is to be approached form a different direction. The order under challenge in this batch of writ petition(s) is Annexure P/2 dated 16.8.2021 whereby Shri Sunil Kumar Shukla, Regional Transport Officer, Chhindwara was transferred on administrative ground and was posted as Regional Deputy Transport Commissioner, Jabalpur. As per Schedule-II of the Transport Department (Gazetted) Service Recruitment Rules, 2011, the post of

Regional Deputy Transport Commissioner to the extent of 30% can be filled by deputation of Officers of Joint Collector rank from the Madhya Pradesh State Administrative Service. He also submits that the Regional Transport Officer can also be appointed subject to 30% by deputation of Officers of Deputy Collector rank from the Madhya Pradesh State Administrative Service. He further submits that Shri Sunil Kumar Shukla was since taken on deputation to the Transport Department, therefore, there is nothing incorrect or illegal in the impugned order Annexure P/2 dated 16.8.2021.

The question which emerges is that what was the substantive post of Shri Sunil Kumar Shukla i.e. whether he was a Deputy Collector or was notified as a Joint Collector on the date on which order Annexure P/2 dated 16.8.2021 was passed and the second question is that if a person was taken on deputation as Regional Transport Officer then without repatriation to the Parent Department, can he be given a higher post in the hierarchy i.e. Regional Deputy Transport Commissioner.

Shri Amit Seth, learned Deputy Advocate General for the State prays for Signature Not Verified Signed by: AMIT JAIN Signing time:

12/21/2022 6:42:14 PM

time to seek clarification on the aforesaid issue, which goes to the root of the controversy.

Prayer is allowed.

Shri Amit Seth, learned Deputy Advocate General for the State is directed to supply copy of return in all those cases in which return is not filed during the course of the day to learned counsel for the respective parties.

Put up in week commencing 9.1.2023.

Interim order, if any, shall remain in operation till next date of hearing. Certified copy as per rules.

(VIVEK AGARWAL) JUDGE

amit

Signature Not Verified Signed by: AMIT JAIN Signing time:

12/21/2022 6:42:14 PM