Suresh Ujale vs The State Of Madhya Pradesh
2022 Latest Caselaw 1407 MP

                                                                             1
                                                 IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
                                                                           BEFORE
                                                          HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                                  ON THE 1st OF FEBRUARY, 2022

                                                              WRIT PETITION No. 1909 of 2022

                                                    Between:-
                                                    SURESH UJALE S/O SHRI DAYARAM UJALE ,
                                                    AGED ABOUT 42 YEARS, OCCUPATION:
                                                    SERVICE RAJEEVA COLONY, SUTARI, TEHSIL
                                                    KUKSHI (MADHYA PRADESH)

                                                                                                         .....PETITIONER
                                                    (BY SHRI L.C. PATNE, ADVOCATE )

                                                    AND

                                            1.      THE STATE OF MADHYA PRADESH THROUGH
                                                    SECRETARY       VALLABH      BHAWAN
                                                    MANTRALAYA (MADHYA PRADESH)

                                            2.      COLLECTOR DHAR (MADHYA PRADESH)

                                            3.      CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
                                                    DHAR (MADHYA PRADESH)

                                            4.      SHRI RITESH PATIDAR S/O SHRI MAHESH
                                                    PATIDAR OCCUPATION: POLITICAL WORKER,
                                                    BHARTIYA JANTA PARTY (BJP) KALIKA MATA
                                                    MANDIR MARG, SUSARI TEHSIL KUKSHI
                                                    (MADHYA PRADESH)

                                                                                                      .....RESPONDENTS
                                                    (BY SHRI P.KIBE, PANEL LAWYER FOR RESPONDENTS 1 TO 3
                                                    ON ADVANCE COPY)
                                                                (Heard through Video Conferencing)
                                                  This petition coming on for orders. this day, the court passed the
                                            following:
                                                                              ORDER

This is second visit of the petitioner before this Court. The petitioner earlier filed a writ petition under Article 226 of the Constitution of India challenging the transfer order dated 6/8/2021 passed by the respondent No.2 whereby he was transferred from gram panchayat Susari to gram panchayat Lavani within District Dhar. The said writ petition WP No.15579/2021 was disposed of by order dated 7/9/2021 directing the Collector, District Dhar to

Signature Not VerifiedDigitally signed by consider and decide the representation dated 11/8/2021 submitted by the SAN VARGHESE MATHEW Date: 2022.02.01 17:36:54 IST

petitioner by passing a reasoned and speaking order within a period of 10 days from the date of receipt of certified copy of the order. Thereafter the respondent No.2 has passed a detailed and speaking order rejecting the representation of the petitioner on the ground that the petitioner had been transferred on administrative ground from the present place of posting.

Counsel for petitioner submits that the order has been passed without

jurisdiction. It is submitted that the transfer order was passed by the Chief Executive Officer, Jilla Panchayat whereas the representation has been considered and rejected by the Collector, District Dhar. The petitioner submits that his representation requires to be reconsidered on the subsequent events.

Upon perusal of the transfer order, it is evident that the transfer order was approved by the Collector and was issued by the Chief Executive Officer, Jilla Panchayat, Dhar. Apart from that, this Court in the previous petition had directed the Collector, District Dhar to consider and decide the representation submitted by the petitioner, therefore, the aforesaid point of competence is not available to the petitioner.

Law relating to scope of interference in the transfer matter is no longer res integra, as held by the Supreme Court in the cases of Gujarat Electricity Board and another vs. Atmaram Sungomal Poshani, (1989) 2 SCC 602; Union of India and others vs. S.L. Abbas, AIR 1993 SC 2444 and the judgment passed by a Division Bench of this Court in the case of R.S. Choudhary vs. State of M.P. and others, 2007(2) ILR MP Series 1329 , the transfer is an incidence of service and the transfer order can only be interfered by the Courts of law if the transfer is issued in violation of the statutory rules or the order suffers from malafide exercise of power.

Since the respondent has passed a detailed order rejecting the representation of the petitioner, I am not inclined to interfere with the administrative matter.

The petitioner has failed to make out any case warranting interference Signature Not VerifiedDigitally signed by SAN VARGHESE MATHEW Date: 2022.02.01 17:36:54 IST

under Article 226 of the Constitution of India. In the instant petition, the petitioner could not establish any breach of statutory rule or a case of malafide.

In view of the aforesaid, I do not find any subsequent events warranting any interference with the impugned rejection order. Hence, the writ petition being devoid of merit is dismissed.

(VIJAY KUMAR SHUKLA) JUDGE VM

Signature Not Verified VerifiedDigitally Digitally signed by SAN VARGHESE MATHEW Date: 2022.02.01 17:36:54 IST