Manish Khare vs The State Of Madhya Pradesh
2022 Latest Caselaw 2350 MP

                                - : 1 :-




IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
                              BEFORE
               HON'BLE SHRI JUSTICE VIVEK RUSIA
                                  &
       HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)

                    ON THE 21st OF FEBRUARY, 2022

                     WRIT APPEAL No. 147 of 2022

  Between:-
  MANISH KHARE S/O SHRI HARISH KUMAR ,
  AGED ABOUT 51 YEARS, OCCUPATION:
  SERVICE R/O 456 SCHEME NO. 114 PART 2
  (MADHYA PRADESH)
                                                      .....APPELLANT

  AND
  THE STATE OF MADHYA PRADESH SECRETARY
1 VALLABH    BHAWAN    BHOPAL (MADHYA
  PRADESH)
2
  EXCISE   COMMISSIONER   MOTI   MAHAL
.
  GWALIOR (MADHYA PRADESH)
3
. COLLECTOR KHARGONE (MADHYA PRADESH)

4 SHRI   ABHISHEK    TIWARI   OFFICE  OF
. DIVISIONAL FLYING SQUAD, SAGAR (MADHYA
  PRADESH)
                                                    .....RESPONDENTS
      Shri Manu Maheshwari, learned counsel for the appellant.
      Shri Aditya Garg, learned Government Advocate for the
respondent/State.
      Shri Amit Singh, learned counsel for the Respondent No.4.
                                ORDER

The appellant has filed present petition being aggrieved by

the order dated 04.02.2022 whereby the Writ Court has dismissed

the Writ Petition No.11/2022 challenging the transfer order dated

09.12.2020 whereby appellant has been transferred District

Khargone to District Gwalior.

- : 2 :-

The petitioner is working as District Excise Officer. He has

assailed the transfer order on grounds firstly, he is victim of

frequent transfer, secondly, he has been transferred at the instance

of liquor Mafia, thirdly, the transfer order has been passed in order

to accommodate the respondent No.4, who is junior to him. The

Writ Court after considering the material available on record,

grounds raised by the appellant and law laid down by the Apex

Court in catena of judgments, has dismissed the Writ Petition.

Hence, the present Writ Appeal before this Court.

In addition to the grounds raised in the Writ Petition as well

as in Writ Appeal, Shri Manu Maheshwari, learned counsel for

the appellant submits that the appellant has been transferred to the

head quarter at Gwalior where there is no vacant post of District

Excise Officer. Government Advocate was directed to obtain

instructions. On Instructions Shri Garg, learned Government

Advocate submits that as many three District Officer had been

transferred to Head Quarter Gwalior out of which Anil Jain and

R.P. Kirar had obtained the stay from the Principal Seat at

Jabalpur and one District Excise Officer posted at Head Officer

Gwalior has been attached to Bhopal, therefore, there is no

District Excise Officer working at Gwalior,hence, the joining of

the appellant would be in administrative interest.

Shri Manu Maheshwari, learned counsel for the appellant

- : 3 :-

submits that if District Excise Officer is posted there and he has

been attached to Bhopal then there would be problem in drawing

the salary. Appellant is raising all these grounds of non

availability of post, problem in disbursement of the salary etc.

without joining the transferred place. He has been transferred on

09.12.2021 and till today has not joined the transferred place,

therefore, he cannot make all these submission that there would

be problem in joining at transferred place. The aforesaid grounds

are liable to be considered on representation submitted to the

competent authority.

So far as frequent transfer of the appellant is concerned,

vide order dated 21.06.2018, the appellant was transferred from

Dewas to Bhopal, thereafter he was transferred from Bhopal to

Indore which he challenged by way of Writ Petition

No.13515/2019 before the Principal Bench, vide order dated

02.08.2019 the Writ Petition had been dismissed, thereafter he

filed Writ Appeal No.1358/2019 that too had been dismissed vide

order dated 26.08.2019. The appellant joined the transferred place

after dismissal of the Writ Petition and Writ Appeal. Thereafter,

vide order dated 13.5.2020, he was transferred to Khargone where

he joined because that place was of his choice, hence, at that time

he did not raise hue and cry about victimization due to frequent

transfer. Now the present transfer is not of his choice, therefore,

- : 4 :-

he has filed Writ Petition and Writ Appeal challenging the validity

of transfer order. The Writ Court has already observed that, the

appellant has been transferred after 18 months of posting at

present place. The three years posting at one place is not statutory

requirement in service law. Even transfer policy says that as far as

possible the employees/ officers are not to be transferred before

completion of three years but on administrative ground they can

be transferred, therefore, we are not inclined to interfere with the

impugned transfer order as well as order passed by writ court. The

appellant may submit a representation to the respondents, in case,

there is problem in joining as well as withdrawal of the salary at

the transferred place. In case of filling of representation, same

shall be decided in accordance with law.

With the aforesaid liberty, Writ Appeal is dismissed.

         ( VIVEK RUSIA )                   ( AMAR NATH (KESHARWANI))
             JUDGE                                   JUDGE

         praveen/-


Digitally signed by PRAVEEN
NAYAK
Date: 2022.02.24 13:25:43 +05'30'