I.K. Mansoori vs The State Of Madhya Pradesh
2023 Latest Caselaw 6552 MP

                                                                           1
                                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                                 AT JABALPUR
                                                                    WP No. 9358 of 2023
                                                     (I.K. MANSOORI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                       Dated : 24-04-2023
                                               Shri Anoop Choudhary - Senior Advocate assisted by Ms. J. Laxmy

                                       Aiyer - Advocate for the petitioner.
                                               Shri V.K. Shukla - Panel Lawyer for the respondents - State.

Petitioner is assailing order dated 12.04.2023, passed by the State Government rejecting petitioner's representation which petitioner had made in

terms of the liberty granted by Hon'ble Division Bench of this Court in Writ appeal No.57/2023, where petitioner had assailed orders of learned Single Judge and had restricted his prayer that he will be satisfied if his representation vide order Annx.P/4 dated 29.12.2022 given to the Additional Chief Secretary is disposed off as expeditiously as possible.

The Hon'ble Division Bench had while disposing off the writ appeal directed to respondent No.1 to consider the representation of the appellant dated 29.12.2022. Appellant was given liberty to add additional material in support of his representation and after all the material is received, the same shall

be considered as expeditiously as possible.

It is submitted that petitioner had submitted additional material, but without considering that additional material, wherein, three issues have been raised primarily one that ban was imposed when impugned transfer order was made. In support of which, petitioner places reliance in Annx.P/9, dated 16.09.2022, showing that relaxation on transfer was extended upto 05.10.2022, Signature Not Verified SAN

and thereafter reading Clause-9 of the Transfer Policy dated 24.06.2021, it is Digitally signed by VAIBHAV YEOLEKAR Date: 2023.04.26 19:43:03 IST

submitted that transfers could have been made only after obtaining concurrence

of the Chief Minister in coordination, it is submitted that there is lack of application of mind especially when petitioner was appointed as a Returning Officer by the State Government, Department of Backward Classes and Minorities Welfare for conduct of election of the Wakf Board and his wife was transferred from Gwalior to Bhopal on compassionate ground two months prior to issuance of transfer order.

It is also submitted that word 'consider' as described in Black's Law Dictionary by Henry Campbell Black, M.A., Sixth Edition defines as under :-

"Consider : To fix the mind on, with a view to careful examination; to examine; to inspect. To deliberate about and ponder over. To entertain or give heed to."

And also the meaning of word 'considered' is taken from the same dictionary and reproduced as under :-

"Considered : Deemed; determined; adjudged; reasonably regarded. For example, evidence may be said to have been "considered" when it has been reviewed by a court to determine whether any probative force should be given it."

And then placing reliance on Constitution Bench judgment of Hon'ble Supreme Court in The Barium Chemicals Ltd. and another Vs. Sh.A.J. Rana and others [(1972) 1 SCC 240], where reading from para 14 of the judgment, it is submitted that there is non-application of mind and the issues which were raised by the petitioner have not been considered by the authorities, therefore, the impugned order is liable to be set aside.

Learned Panel Lawyer in his turn informs this court that petitioner is already relieved. He never joined after rejection of his representation. Petitioner was on medical leave. As per the impugned order, he was directed to submit Signature Not Verified SAN

his joining on or before 19th April, 2023 therefore, prayer for status quo is not Digitally signed by VAIBHAV YEOLEKAR Date: 2023.04.26 19:43:03 IST

made out.

As far as grounds which have been raised by the petitioner are concerned, issue notice to the respondents on payment of P.F. by registered A.D. post within seven days.

Notice be made returnable in four weeks to file their return.

List this case in the week commencing 12 th June, 2023.

(VIVEK AGARWAL) JUDGE

vy

Signature Not Verified SAN

Digitally signed by VAIBHAV YEOLEKAR Date: 2023.04.26 19:43:03 IST