Radheshyam Sahu vs The State Of Madhya Pradesh
2022 Latest Caselaw 1580 MP

                                                       1
                           IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                             ON THE 3rd OF FEBRUARY, 2022

                                        WRIT PETITION No. 20060 of 2019

                               Between:-
                               RADHESHYAM SAHU S/O SHRI BHURA SAHU,
                               AGED ABOUT 52 YEARS, OCCUPATION:
                               SERVICE WORKING AS TEACHER IN NEW
                               HIGHER SECONDARY SCHOOL SHAHPURA
                               DISTT. DINDORI M.P. (MADHYA PRADESH)

                                                                                  .....PETITIONER
                               (BY SHRI KRISHNA KUMAR GAUTAM, ADVOCATE)

                               AND

                      1.       THE STATE OF MADHYA PRADESH THR
                               PRINCIPAL SECRETARY TRIBAL WELFARE
                               DEPT. MANTRALAYA VALLABH BHAWAN
                               BHOPAL (MADHYA PRADESH)

                      2.       COMMISSIONER     TRIBAL   WELFARE
                               DEPARTM ENT SATPURA BHAWAN BHOPAL
                               (MADHYA PRADESH)

                      3.       CO LLECTO R D I N D O R I DISTT.   DINDORI
                               (MADHYA PRADESH)

                      4.       DEPUTY COMMISSIONER SCHEDULE CAST
                               WELFARE DEPARTMENT DISTT. DINDORI
                               (MADHYA PRADESH)

                      5.       RAJESH GUPTA GENERAL SECRETARY MP
                               CONGRESS COMMITTEE WARD NO. 3 MANAS
                               BHAWAN   WARD   SHAHPUR   (MADHYA
                               PRADESH)

                      6.       ASSISTANT   COMMISSIONER   TRIBAL
                               WELFARE DEPARTMENT DISTT. DINDORI
                               (MADHYA PRADESH)

                                                                                .....RESPONDENTS
                               (BY SHRI GAURAV TIWARI, PANEL LAWYER)
                                           (Heard through Video Conferencing)
                             This writ petition has come up for admission and interim order this
                      day, the court passed the following:
                                                        ORDER

Petitioner has filed this petition challenging his transfer order

Signature Not dated 8.8.2019 (Annexure-P/2), whose name appears at Serial No.1, SAN Verified

Digitally signed by AMIT JAIN Date: 2022.02.03 19:19:16 IST

has been transferred from Naveen Higher Secondary School Shahpura, District Dindori to High Court Payali Ghughari, Shahpura, District Dindori.

The aforesaid order was stayed by a Coordinate Bench of this Court vide order dated 14.10.2019. State has filed stereotyped return

without justifying the transfer. Placing reliance on the judgment of the Supreme Court in the case of Mohammad Masood Ahmad versus State of Uttar Pradesh & Others (2007) 8 SCC 150 wherein it is held that transfer on recommendation of an M.L.A did not vitiate the transfer order, learned Panel Lawyer for the respondent/State submits that no interference is required in the impugned order of transfer.

However, the fact of the matter is that the petitioner has enjoyed the stay on his transfer for a period of over two years and now the authorities are required to reevaluate administrative exigency in the matter and, therefore, the interim order dated 14.10.2019 is made absolute. The impugned order of transfer qua the present petitioner is quashed. Liberty is reserved in favour of the respondents that in case, exigency of administration so requires, they may pass fresh orders.

In above terms, this writ petition stands disposed of.

(VIVEK AGARWAL) JUDGE amit