Govind Kumar vs The State Of Madhya Pradesh
2023 Latest Caselaw 14883 MP

                                                              1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                       BEFORE
                                           HON'BLE SHRI JUSTICE VIVEK RUSIA
                                             ON THE 11 th OF SEPTEMBER, 2023
                                              WRIT PETITION No. 22824 of 2023

                           BETWEEN:-
                           GOVIND KUMAR S/O SHRI MOTILAL JI MALI, AGED
                           ABOUT 54 YEARS, OCCUPATION: SERVICE R/O UCCH
                           MADHYAMIK SHIKSHAK GOVT. HIGH SECONDARY
                           SCHOOL BARDIYA IST MURAR TEHSIL GAROTH DISTT.
                           MANDSAUR (MADHYA PRADESH)

                                                                                           .....PETITIONER
                           (BY SHRI SHOBHAG MAL PORWAL, ADVOCATE)

                           AND
                           1.    THE   STATE   OF    MADHYA    PRADESH
                                 COMMISSIONER LOK SHIKSHAN SANCHNALAY
                                 GOUTAM NAGAR, DISTRICT BHOPAL (MADHYA
                                 PRADESH)

                           2.    DEPUTY SECRETARY DEPARTMENT OF SCHOOL
                                 E D U C AT I O N VALLABH BHAWAN BHOPAL
                                 (MADHYA PRADESH)

                           3.    DISTRICT EDUCATION            OFFICER MANDSAUR
                                 (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                           (BY SHRI RAJWARDHAN GAWDE, GOVT. ADVOCATE)

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

1. Petitioner has filed this present petition challenging the transfer order dated 30.08.2023 whereby he has been transferred from Govt. Higher Secondary School Bardiya, Istmurar, Tehsil : Garoth, District Mandsaur to

Signature Not Verified Signed by: VARSHA SINGH Signing time: 15-09-2023 17:22:06

Govt. Higher Secondary School, Jharda, Tehsil : Malhargarh, District Mandsaur.

2. The petitioner is assailing the transfer order on the ground of frequent transfer as vide order dated 04.10.2022, he was transferred from School of Excellence, Garoth to Bardiya. According to the petitioner, vide order dated 21.10.2022 he was transferred from Govt. H.S.S. Bardiya, District Mandsaur to Govt. H.S.S. Mandaval, District Ratlam and now again he has been transferred.

Heard.

3. It appears that he did not join at Mandaval, Ratlam because in the present transfer order his place of posting is shown as Bardiya, Mandsaur. The

petitioner has not filed any documents to show that he complied with the transfer order dated 21.10.2022. Now he has been transferred within the District from one school to another.

3. In view of (2004) 12 SCC 390 (Medley Minerals India Limited v/s State of Orissa & Others), (1995) 2 SCC 57 (State of Punjab & Others v/s Chaman Lal Goyal), (2015) 1 SCC 642 (Rajendra Kumar Agrawal v/s State of Uttar Pradesh & Others), (2020) 3 SCC 86 (Rajneesh Khajuria v/s Wockhardy Limited & Another) and judgment of this Court in 2011 (3) M.P.H.T. 479 (Bhagwat Singh Verma v/s The State of Madhya Pradesh & Others), the allegations of malafide cannot be entertained.

4 . The transfer order can be interfered with if it violates any statutory provision (not policy guideline), proved to be malafide, passed by incompetent authority or changes service conditions of an employee to his detriment. No such ingredients are available in the petition.

In view of the above, Writ Petition stands dismissed.

Signature Not Verified Signed by: VARSHA SINGH Signing time: 15-09-2023 17:22:06

(VIVEK RUSIA) JUDGE VS

Signature Not Verified Signed by: VARSHA SINGH Signing time: 15-09-2023 17:22:06