Satendra Babu Kaushal vs The State Of Madhya Pradesh
2023 Latest Caselaw 2258 MP

                                 1
 IN    THE       HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                         BEFORE
       HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                   ON THE 8 th OF FEBRUARY, 2023
                   WRIT PETITION No. 3312 of 2023

BETWEEN:-
SATENDRA BABU KAUSHAL S/O SHRI DEVENDRA BABU
KAUSHAL, AGED ABOUT 30 YEARS, OCCUPATION:
CONSTABLE G.D. POSTED AT 2ND BATTALION S.A.F.
GWALIOR (MADHYA PRADESH)

                                                            .....PETITIONER
(BY SHRI PAWAN KUMAR SINGH SENGAR - ADVOCATE )

AND
1.    THE STATE OF MADHYA PRADESH PRINCIPAL
      SECRETARY THROUGH PRINCIPAL SECRETARY
      HOME    DEPARTMENT   VALLABH  BHAWAN
      BHOPAL (MADHYA PRADESH)

2.    DIRECTOR GENERAL OF POLICE POLICE HEAD
      QUATR JAHANGIRABAD (MADHYA PRADESH)

3.    ADDITIONAL DIRECTOR GENERAL OF POLICE
      POLICE   HEAD    QUATER JAHANGIRABAD
      (MADHYA PRADESH)

4.    COMMANDANT     SECOND   BATTALION             SAF
      DISTRICT GWALIOR (MADHYA PRADESH)

                                                          .....RESPONDENTS
(BY SHRI SHIRAZ QURAISHI - GOVERNMENT ADVOCATE )

      This petition coming on for admission this day, th e court passed the
following:
                                  ORDER

The present petition under Article 226 of the Constitution of India has been preferred against the impugned order dated 23.01.2023 (Annexure P/1),

whereby the very transfer order of the petitioner dated 03.10.2022 has been cancelled.

It has been argued by the counsel for the petitioner that in the impugned order (Annexure P/1) it has been held that the petitioner is not entitled for change of Unit as the powers as such lies with the Head Office and, therefore, his transfer order from 9th Battalion S.A.F., Rewa to 2nd Battalion S.A.F., Gwalior does not deserve to stand, therefore, it was cancelled, which is not in pursuance to the policy issued by the State Government. It has further been argued that it was only in the light of orders passed by Principle Seat at Jabalpur in W.P. No.12094/2022 that the transfer order dated 03.10.2022 was effected

but now when said transfer order has been executed and the petitioner has joined at Gwalior, the same has been cancelled by the impugned order. He further placed reliance on a decision of Hon'ble Apex Court in the matter of Santosh Kumar Sihare Vs. State of M.P. and Others, reported in (2020) 1 M.P.L.J. 126 , wherein it has been settled that the transfer order once effected cannot be cancelled. Thus, on the strength of above arguments and in the light of aforesaid judgment, he prayed for setting aside of the impugned order.

Per contra, learned Government Advocate for the State on advance notice submits that in the impugned order it has been specifically mentioned that the powers of changing of the Unit from one Battalion to another lies with the Head Office and a direction has been issued to the petitioner to approach the Head Office for redressal of his grievance but instead of availing that remedy the present petition has been filed that deserves to be dismissed.

After hearing learned counsel for the parties and perusing the record, it appears that transfer order dated 03.10.2022 has already been effected and executed and in pursuance thereof the petitioner has already joined at Gwalior

and, therefore, in the light of judgement cited above, cancellation of transfer order cannot be said to be justified. However, since in the impugned transfer order there is mention of fact that change of Unit is the power which lies with the Head Office for which petitioner is free to make a representation, therefore, petitioner is directed to approach the concerned authority i.e. Head Office of Special Security Force, SAF for redressal of his grievance and till the decision is taken by the Head Office the respondents are directed not to relieve the petitioner from his present place of posting.

With the aforesaid direction, the present writ petition stands disposed of.

(MILIND RAMESH PHADKE) JUDGE neetu

NEETU SHASHANK 2023.02.08 19:16:39 +05'30'