Rajesh Pratap Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 1644 MP

                                                       1
                           IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                             ON THE 4th OF FEBRUARY, 2022

                                        WRIT PETITION No. 17812 of 2021

                               Between:-
                               RAJESH PRATAP SINGH S/O LATE SHRI
                               RAGHUNANDAN SINGH , AGED ABOUT 50
                               YE A R S , OCCUPATION: ASSTT. GRADE-III
                               CIRCLE MAUGANJ REWA, DISTT. REWA (M.P.)
                               (MADHYA PRADESH)

                                                                                  .....PETITIONER
                               (BY SHRI RAJA BHAIYA TIWARI, ADVOCATE)

                               AND

                      1.       THE STATE OF MADHYA PRADESH THROUGH
                               PRINCIPAL SECRETARY PUBLIC HEALTH
                               ENGINEERING    DEPARTMENT     VALLABH
                               BHAWAN BHOPAL (M.P.) (MADHYA PRADESH)

                      2.       ENGINEER IN CHIEF PUBLIC HEALTH
                               ENGINEERING DEPARTMENT JAL BAHWAN
                               BAAN GANGA (MADHYA PRADESH)

                      3.       CHIEF   ENGINEER    PUBLIC  HEALTH
                               ENGINEERING       DEPARTMENT CIRCLE
                               JABALPUR (MADHYA PRADESH)

                      4.       EXECUTIVE ENGINEER PUBLIC HEALTH
                               ENGINEERING      DEPARTMENT CIRCLE
                               MAUGANJ (MADHYA PRADESH)

                                                                                .....RESPONDENTS
                               (BY SHRI JITENDRA SHRIVASTAVA, PANEL LAWYER)
                                           (Heard through Video Conferencing)
                             This petition has come up for hearing on admission this day, the
                      court passed the following:
                                                        ORDER

Petitioner's grievance is that earlier vide order dated 05/08/2021 in which name of the petitioner appears at serial No.15, the petitioner was transferred on the post of Assistant Grade-III from Public Health Engineering Block, Anuppur to Public Health Engineering Block, Mauganj, Distt. Rewa at his own expenses. Thereafter petitioner had joined at Mauganj, Distt. Rewa on 12/08/2021. Thereafter arbitrarily respondents have passed order dated Signature SAN Not Verified

Digitally signed by TULSA SINGH Date: 2022.02.05 12:32:53 IST

31/08/2021 cancelling transfer of petitioner made to Mauganj, Distt. Rewa. No reason has been assigned to cancel the said transfer of the petitioner which was executed, therefore, petitioner has assailed the impugned order.

Respondents have filed reply but they have not given any justification for cancellation of an executed transfer order and have simply mentioned that "it is settled by Hon'ble Apex Court in catena of judgments that

circumference of a challenge towards transfer is smallest of the small and does not deserve to be entertained on run of the mill ground." This return filed on behalf of the State by one Sharad Kumar Singh, Executive Engineer, Public Health Engineering Department, Rewa has failed to point out as to which of the judgments is being referred to. Learned counsel has not referred to any judgment which can be referred to find out pith and substances of the return filed on behalf of State.

There is no answer to the main grounds raised by the petitioner that his executed transfer which was issued on 05/08/2021 and which he had executed on 13/08/2021 could not have been cancelled without there being any substantive ground. No ground has been mentioned, therefore, it is apparent that impugned order dated 31/08/2021 cannot be given seal of approval as far as it relates to the petitioner, therefore, the same is quashed qua petitioner.

Accordingly, this petition is allowed and disposed of.

(VIVEK AGARWAL) JUDGE ts