Ayaz Mohammad Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 13953 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       WP No. 21537 of 2023
                                     (AYAZ MOHAMMAD KHAN Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 24-08-2023
                                  Shri Chandrakant Patne, learned counsel for the Petitioner.

                                  Shri Mukesh Parwal, learned G.A. for respondent/State.

Heard on the question of admission and interim relief. Issue notice to respondents on payment of process fee by RAD mode within seven working days, failing which the present petition shall stand

dismissed without further reference to the Court.

Notices be made returnable within four weeks. Learned counsel for the petitioner submits that the impugned order dated 24.03.2023 is a composite order of punishment as well as transfer.

Learned counsel for the petitioner relied on the judgment of Apex Court in the case of Somesh Tiwari vs. Union of India reported in (2009) 2 SCC 592, wherein the Supreme Court has held that such order of transfer passed in lieu of punishment is wholly illegal.

In the meanwhile, the effect and operation of impugned order dated

23.04.2023 and order dated 14.07.2023, shall remain stayed, till the next date of hearing.

C.C. as per rules.

(S. A. DHARMADHIKARI) JUDGE

Vatan

Signature Not Verified Signed by: VATAN SHRIVASTAVA Signing time: 8/24/2023 5:55:03 PM