Smt. Manisha Chouhan vs The State Of Madhya Pradesh
2023 Latest Caselaw 8704 MP

                                                                    1
                            IN      THE        HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                     BEFORE
                                  HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                                    ON THE 14 th OF JUNE, 2023
                                                WRIT PETITION No. 12319 of 2023

                           BETWEEN:-
                           SMT. MANISHA CHOUHAN W/O DEEPAK MEENA, AGED
                           ABOUT 39 YEARS, OCCUPATION: STAFF NURSE R/O
                           VILLAGE   VEDIC   VIHAR   COLONY    DISTRICT
                           NARMADAPURAM (MADHYA PRADESH)

                                                                                             .....PETITIONER
                           (BY SHRI ANUJ PATHAK - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 THE   COMMISSIONER    HEALTH   SERVICES
                                 SATPURA BHAWAN BHOPAL (MADHYA PRADESH)

                           2.    THE CHIEF MEDICAL AND HEALTH OFFICER
                                 NARM ADAPURAM DISTRICT NARMADAPURAM
                                 (MADHYA PRADESH)

                                                                                          .....RESPONDENTS
                           (BY SHRI ROHIT JAIN - GOVERNMENT ADVOCATE)

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

                           following:
                                                                    ORDER

This petition, under Article 226 of the Constitution of India, has been filed seeking the following reliefs :-

"(i) Issue a writ in the nature of Certiorari to quash the impugned transfer order dated 18.05.2023 contained in (Ann.P-6) passed by Resp.No.2, in the interest of justice.

Signature Not Verified Signed by: TRUPTI GUNJAL Signing time: 15-06-2023 12:50:28

(ii) Issue any other writ, order or direction as this Hon'ble Court deems fit."

2. It is submitted by the counsel for the petitioner that earlier the petitioner was posted as Staff Nurse in District Hospital, Narmadapuram and because of certain difficulties, which were being faced by her, she made an application for her transfer, which was allowed and accordingly she was transferred to Urban Health Centre, Malakhedi by order dated 27.10.2021. Now by the impugned order dated 18.05.2023, she has been again transferred back to District Hospital, Narmadapuram. The petitioner has made a representation against the said order. She has specifically pointed out that the

difficulties, which she was facing on earlier occasions, are still persisting and, therefore, her transfer back to District Hospital Narmadapuram may be cancelled so that she may not be required to undergo the similar mental tension.

3. Per contra, it is submitted by the counsel for the respondents that the petitioner has not pointed out any malafides or violation of statutory rules. No person in the personal capacity has been impleaded as a party. It is well established principle of law that the transfer order is an exigency of service and the same can be interfered only if it is clothed with malafides or contrary to the statutory provisions or issued by an incompetent authority. None of the ingredients have been pleaded by the petitioner.

4. Considered the submissions made by the counsel for the parties.

5. Transfer is an exigency of service and no one can claim that he or she should at posted at a particular place. Even otherwise, an order of transfer can be interfered only if it is an outcome of malafides or issued by an incompetent authority or in violation of some statutory provisions. No Signature Not Verified Signed by: TRUPTI GUNJAL Signing time: 15-06-2023 12:50:28

malafides have been alleged in the present petition. No one has been impleded in his personal capacity. However, it appears that the petitioner has made a representation against her transfer order. According to the petitioner, the said representation is still pending and has not been decided so far.

6. Accordingly, it is directed that the representation dated 25.05.2023 made by the petitioner to CMHO, District Hospital, Narmadapuram be decided as early as possible by passing a speaking order.

7. At this stage, it is submitted by the counsel for the petitioner that in the meanwhile the effect and operation of the impugned order may be stayed.

8. In the light of judgment passed by the Division Bench of this Court in the case of Mridul Kumar Sharma Vs. State of M.P., reported in ILR (2015) MP 2556, mere making of a representation would not give rise to any cause of action and once this Court has refused to exercise its jurisdiction, then no interim order can be passed. Even otherwise, the representation is to decided only after the transferred employee join at the transferred place.

9. Accordingly with aforesaid observation, the petition is dismissed.

(G.S. AHLUWALIA) JUDGE TG /-

Signature Not Verified Signed by: TRUPTI GUNJAL Signing time: 15-06-2023 12:50:28