Tur Singh Chouhan vs The State Of Madhya Pradesh
2022 Latest Caselaw 250 MP

                                                                                 1                               WP-28908-2021
                                                    The High Court Of Madhya Pradesh
                                                             WP No. 28908 of 2021
                                                      (TUR SINGH CHOUHAN Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                            Indore, Dated : 05-01-2022
                                                   Shri Sudarshan Joshi, learned counsel for the petitioner.

                                                   Shri Pradyumn Kibe, learned Panel Lawyer for the respondents/State.

The petitioner has challenged the legality and validity of the order dated 24/09/2021 passed by the respondent No.2 whereby the petitioner has been transferred to Ratlam on the optional post of Assistant Commissioner, Ratlam.

Counsel for the petitioner submits that the posting of the petitioner has been

wrongly shown in the impugned order. The petitioner is posted at Ojhad, Block- Sondwa, Dist. Alirajpur and not at Umraali, Block Sondwa, Dist. Alirajpur. The petitioner is posted at present place of posting since 2013. It is stated that the impugned transfer order would curse, personal hardship to the petitioner.

I am not inclined to interfere for the reason as there is no illegality in the impugned transfer order. 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 Gujrat 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.

The petitioner has failed to make out any case warranting interference 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. Hence the writ petition being devoid of merit is dismissed.

However, it is observed that the representation of the petitioner be considered by the Competent Authority in accordance with law.

With the aforesaid, the writ petition is disposed off. CC as per rules.

Signature Not VerifiedDigitally signed by SAN SOUMYA RANJAN (VIJAY KUMAR SHUKLA) DALAI Date: 2022.01.05 JUDGE 15:56:58 IST 2 WP-28908-2021 soumya

Signature Not Verified VerifiedDigitally Digitally signed by SAN SOUMYA RANJAN DALAI Date: 2022.01.05 15:56:58 IST