Madhya Pradesh High Court

Aman Malviya vs The State Of Madhya Pradesh on 26 September, 2023

Author: Sushrut Arvind Dharmadhikari

                                                     1
                           IN    THE    HIGH COURT OF MADHYA PRADESH
                                              AT INDORE
                                                  BEFORE
                           HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                                     &
                                   HON'BLE SHRI JUSTICE PRANAY VERMA
                                         ON THE 26 th OF SEPTEMBER, 2023
                                           WRIT APPEAL No. 1540 of 2023

                          BETWEEN:-
                          MUKESH THAKUR S/O SHRI NARAYAN SINGH THAKUR,
                          AGED 42 YEARS, OCCUPATION: FOREST GUARD R/O
                          GRAM AWLIYA, POST NALCHA, TEHSIL PITHAMPUR,
                          DIST. DHAR (MADHYA PRADESH)

                                                                              .....APPELLANT
                          (SHRI ARPIT KUMAR OSWAL, LEARNED COUNSEL FOR THE
                          APPELLANT)

                          AND
                          1.    THE STATE OF MADHYA PRADESH ADDITIONAL
                                SECRETARY    M.P. FOREST   DEPARTMENT
                                VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

                          2.    THE PRINCIPAL CHIEF CONSERVATOR OF
                                FOREST   (HOFF) SATPURA BHAWAN, BHOPAL
                                (MADHYA PRADESH)

                          3.    THE    ADDITIONAL PRINCIPAL    CHIEF
                                CONSERVATOR OF FOREST FLOOR WING-D,
                                SATPURA   BHAWAN, BHOPAL    (MADHYA
                                PRADESH)

                          4.    THE  CHIEF CONSERVATOR   OF FOREST
                                NAVRATAN BAGH, FOREST CAMPUS, INDORE
                                (MADHYA PRADESH)

                          5.    DISTRICT FOREST OFFICER DHAR MANDAV
                                ROAD, DHAR (MADHYA PRADESH)

                                                                          .....RESPONDENTS

(SHRI ANAND SONI, ADDNL. ADVOCATE GENERAL FOR THE RESPONDENTS/STATE) Signature Not Verified Signed by: SEHAR HASEEN Signing time: 9/29/2023 7:08:06 PM

WRIT APPEAL No. 1541 of 2023

BETWEEN:-

RAHUL SOLANKI S/O SHRI VEERBHADRA SINGH SOLANKI, AGED 36 YEARS, OCCUPATION: FOREST GUARD R/O FOREST CAMPUS, DIST. DHAR (MADHYA PRADESH)

.....APPELLANT (SHRI ARPIT KUMAR OSWAL, LEARNED COUNSEL FOR THE APPELLANT)

AND

1. THE STATE OF MADHYA PRADESH ADDITIONAL SECRETARY M.P. FOREST DEAPRTMENT VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

2. THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (HOFF) SATPURA BHAWAN, BHOPAL (MADHYA PRADESH)

3. THE ADDITIONAL PRINCIPAL CONSERVATOR OF FOR EST FLOOR WING -D, SATPURA BHAWAN, BHOPAL (MADHYA PRADESH)

4. THE CHIEF CONSERVATOR OF FOREST NAVRATAN BAGH, FOREST CAMPUS, INDORE (MADHYA PRADESH)

5. DISTRICT FOREST OFFICER DIST. DHAR MANDAV ROAD, DHAR (MADHYA PRADESH)

.....RESPONDENTS (SHRI ANAND SONI, ADDNL. ADVOCATE GENERAL FOR THE RESPONDENTS/STATE)

WRIT APPEAL No. 1543 of 2023

BETWEEN:-

AJAY SINGH BAGHEL S/O SHRI KERU SINGH BAGHEL, AGED 53 YEARS, OCCUPATION: FOREST GUARD R/O RANGE FOREST OFFICE DHAMNOD, DIST. DHAR (MADHYA PRADESH) Signature Not Verified Signed by: SEHAR HASEEN Signing time: 9/29/2023 7:08:06 PM

.....APPELLANT (SHRI ARPIT KUMAR OSWAL, LEARNED COUNSEL FOR THE APPELLANT)

AND

1. THE STATE OF MADHYA PRADESH ADDITIONAL SECRETARY M.P. FOREST DEPARTMENT VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

2. THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (HOFF) SATPURA BHAWAN, BHOPAL (MADHYA PRADESH)

3. THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FOREST FLOOR WING-D, SATPURA BHAWAN, BHOPAL (MADHYA PRADESH)

4. THE CHIEF CONSERVATOR OF FOREST NAVRATAN BAGH, FOREST CAMPUS, INDORE (MADHYA PRADESH)

5. DISTRICT FOREST OFFICER DHAR MANDAV ROAD, DHAR (MADHYA PRADESH)

.....RESPONDENTS (SHRI ANAND SONI, ADDNL. ADVOCATE GENERAL FOR THE RESPONDENTS/STATE)

WRIT APPEAL No. 1546 of 2023

BETWEEN:-

SURENDRA SOLANKI S/O SHRI SHANTILALJI SOLANKI, AGED 29 YEARS, OCCUPATION: FOREST GUARD R/O GRAM PIPARNI TEHSIL SARDARPUR, DIST. DHAR (MADHYA PRADESH)

.....APPELLANT (SHRI ARPIT KUMAR OSWAL, LEARNED COUNSEL FOR THE APPELLANT)

AND

1. THE STATE OF MADHYA PRADESH ADDITIONAL SECRETARY M.P. FOREST DEPARTMENT VALLABH BHAWAN, BHOPAL (MADHYA Signature Not Verified Signed by: SEHAR HASEEN Signing time: 9/29/2023 7:08:06 PM

PRADESH)

2. THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (HOFF) SATPURA BHAWAN, BHOPAL (MADHYA PRADESH)

3. THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FOREST FLOOR WING-D, SATPURA BHAWAN, BHOPAL (MADHYA PRADESH)

4. THE CHIEF CONSERVATOR OF FOREST NAVRATAN BAGH, FOREST CAMPUS, INDORE (MADHYA PRADESH)

5. DISTRICT FOREST OFFICER DISTRICT DHAR MANDAV ROAD, DHAR (MADHYA PRADESH)

.....RESPONDENTS (SHRI ANAND SONI, ADDNL. ADVOCATE GENERAL FOR THE RESPONDENTS/STATE)

WRIT APPEAL No. 1554 of 2023

BETWEEN:-

DILIP RELWANI S/O LATE SHRI SHRICHAND JI RELWANI, AGED 49 YEARS, OCCUPATION: FOREST GUARD R/O 197 KRANTI KRIPLANI NAGAR ANNPURNA DISTT.INDORE (MADHYA PRADESH)

.....APPELLANT (SHRI MANOJ MANAV, LEARNED COUNSEL FOR THE APPELLANT)

AND

1. THE STATE OF MADHYA PRADESH ADDITIONAL SECRETARY FOREST DEPARTMENT MANTRALAY VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (HOFF) SATPURA BHAWAN, BHOPAL (MADHYA PRADESH)

3. THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FOREST FLOOR, WING-D, SATPURA BHAWAN, BHOPAL (MADHYA PRADESH)

Signature Not Verified Signed by: SEHAR HASEEN Signing time: 9/29/2023 7:08:06 PM

4. THE CHIEF CONSERVATOR OF FOREST NAVRATAN BAGH, FOREST CAMPUS, INDORE (MADHYA PRADESH)

5. DISTRICT FOREST OFFICER DIST. INDORE, NAVRATAN BAGH, FOREST CAMPUS INDORE (MADHYA PRADESH)

.....RESPONDENTS (SHRI ANAND SONI, ADDNL. ADVOCATE GENERAL FOR THE RESPONDENTS/STATE)

WRIT APPEAL No. 1570 of 2023

BETWEEN:-

RAVI KHANDELWAL S/O SHRI SOBARAM SINGH KHANDELWAL, AGED 30 YEARS, OCCUPATION: FOREST GUARD R/O GRAM LAVANI, RANGE MANDAV, DIST. DHAR (MADHYA PRADESH)

.....APPELLANT (SHRI ARPIT KUMAR OSWAL, LEARNED COUNSEL FOR THE APPELLANT)

AND

1. THE STATE OF MADHYA PRADESH ADDITIONAL SECRETARY M.P. FOREST DEPARTMENT VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

2. THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (HOFF) SATPURA BHAWAN, BHOPAL (MADHYA PRADESH)

3. THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FOREST FLOOR WING-D, SATPURA BHAWAN, BHOPAL (MADHYA PRADESH)

4. THE CHIEF CONSERVATOR OF FOREST NAVRATAN BAGH, FOREST CAMPUS, INDORE (MADHYA PRADESH)

5. DISTRICT FOREST OFFICER DHAR MANDAV ROAD, DHAR (MADHYA PRADESH)

.....RESPONDENTS Signature Not Verified Signed by: SEHAR HASEEN Signing time: 9/29/2023 7:08:06 PM

(SHRI ANAND SONI, ADDNL. ADVOCATE GENERAL FOR THE RESPONDENTS/STATE)

WRIT APPEAL No. 1572 of 2023

BETWEEN:-

AMAN MALVIYA S/O LATE SHRI MAHESH MALVIYA, AGED 23 YEARS, OCCUPATION: FOREST GUARD R/O PARYAVARAN VANIKI DISTT. INDORE (MADHYA PRADESH)

.....APPELLANT (SHRI MANOJ MANAV, LEARNED COUNSEL FOR THE APPELLANT)

AND

1. THE STATE OF MADHYA PRADESH ADDITIONAL SECRETARY FOREST DEPARTMENT VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

2. THE PRINCIPAL CHIEF CONSERVATOR OF FOREST HOFF SATPURA BHAWAN, BHOPAL (MADHYA PRADESH)

3. THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FOREST SATPURA BHAWAN, BHOPAL (MADHYA PRADESH)

4. THE CHIEF CONSERVATOR OF FOREST NAVRATAN BAGH, FOREST CAMPUS, INDORE (MADHYA PRADESH)

5. DISTRICT FOREST OFFICER DIST. INDORE, NAVRATAN BAGH, FOREST CAMPUS INDORE (MADHYA PRADESH)

.....RESPONDENTS (SHRI ANAND SONI, ADDNL. ADVOCATE GENERAL FOR THE RESPONDENTS/STATE)

WRIT APPEAL No. 1574 of 2023

BETWEEN:-

NILESH KUMAR PANEKAR S/O SHRI SADARAM PANEKAR, AGED 33 YEARS, OCCUPATION: FOREST GUARD R/O H-30 FOREST CAMPUS INDORE (MADHYA Signature Not Verified Signed by: SEHAR HASEEN Signing time: 9/29/2023 7:08:06 PM

PRADESH)

.....APPELLANT (SHRI MANOJ MANAV, LEARNED COUNSEL FOR THE APPELLANT)

AND

1. THE STATE OF MADHYA PRADESH ADDITIONAL SECRETARY FOREST DEPARTMENT VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

2. THE PRINCIPAL CHIEF CONSERVATOR OF FOREST HOFF SATPURA BHAWAN, BHOPAL DISTRICT (MADHYA PRADESH)

3. THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FOREST FLOOR, WING D, SATPURA BHAWAN BHOPAL (MADHYA PRADESH)

4. THE CHIEF CONSERVATOR OF FOREST NAVRATAN BAGH, FOREST CAMPUS, INDORE (MADHYA PRADESH)

5. DIST. FOREST OFFICER DIST. INDORE NAVRATAN BAGH, FOREST CAMPUS INDORE (MADHYA PRADESH)

.....RESPONDENTS (SHRI ANAND SONI, ADDNL. ADVOCATE GENERAL FOR THE RESPONDENTS/STATE)

WRIT APPEAL No. 1575 of 2023

BETWEEN:-

ABHISHEK SIKARWAR S/O SHRI VIRENDRA SINGH SIKARWAR, AGED 29 YEARS, OCCUPATION: FOREST GUARD R/O 209-A, VISHWAKARMA NAGAR, INDORE (MADHYA PRADESH)

.....APPELLANT (SHRI MANOJ MANAV, LEARNED COUNSEL FOR THE APPELLANT)

AND

1. THE STATE OF MADHYA PRADESH ADDITIONAL SECRETARY M.P. FOREST DEPARTMENT Signature Not Verified Signed by: SEHAR HASEEN Signing time: 9/29/2023 7:08:06 PM

VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

2. THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (HOFF) SATPURA BHAWAN, BHOPAL (MADHYA PRADESH)

3. THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FOREST FLOOR FLOOR WING D, SATPURA BHAWAN, BHOPAL (MADHYA PRADESH)

4. THE CHIEF CONSERVATOR OF FOREST FLOOR FLOOR WING D, SATPURA BHAWAN, BHOPAL (MADHYA PRADESH)

5. DISTRICT FOREST OFFICER DIST. INDORE NAVRATAN BAGH, FOREST CAMPUS INDORE (MADHYA PRADESH)

.....RESPONDENTS (SHRI ANAND SONI, ADDNL. ADVOCATE GENERAL FOR THE RESPONDENTS/STATE)

WRIT APPEAL No. 1596 of 2023

BETWEEN:-

MAAN SINGH BHURIYA S/O SHRI VALAJI BHURIYA, AGED 53 YEARS, OCCUPATION: FOREST GUARD R/O NAVRATAN BAGH FOREST CAMPUS, DIST. INDORE (MADHYA PRADESH)

.....APPELLANT (SHRI ARPIT KUMAR OSWAL, LEARNED COUNSEL FOR THE APPELLANT)

AND

1. THE STATE OF MADHYA PRADESH ADDITIONAL SECRETARY M.P. FOREST DEPARTMENT VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

2. THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (HOFF) SATPURA BHAWAN, BHOPAL (MADHYA PRADESH)

3. THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FOREST FLOOR WING-D, Signature Not Verified Signed by: SEHAR HASEEN Signing time: 9/29/2023 7:08:06 PM

SATPURA BHAWAN, BHOPAL (MADHYA PRADESH)

4. THE CHIEF CONSERVATOR OF FOREST NAVRATAN BAGH, FOREST CAMPUS, INDORE (MADHYA PRADESH)

5. DISTRICT FOREST OFFICER DISTRICT DHAR MANDAV ROAD, DHAR (MADHYA PRADESH)

.....RESPONDENTS (SHRI ANAND SONI, ADDNL. ADVOCATE GENERAL FOR THE RESPONDENTS/STATE)

This appeal coming on for admission this day, Justice Sushrut Arvind Dharmadhikari passed the following:

ORDER This order shall govern disposal of aforesaid bunch of writ appeals, viz., W.A. No(s). 1540/2023, 1541/2023, 1543/2023, 1546/2023, 1554/2023, 1570/2023, 1572/2023, 1574/2023, 1575/2023 and 1596/2023. Regard being had to the similitude of the controversy involved in the aforesaid intra Court appeals, they have been heard analogously and disposed off by this singular order.

For the sake of convenience, facts of W.A. No. 1540/2023 are taken. T his writ appeal under Section 2(1) of the Madhya Pradesh Uccha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 has been filed being aggrieved by the order dated 11.09.2023 passed by learned Single Judge in Writ Petition No.9673/2023 by which the petition filed by the appellant was dismissed as well as a cost of Rs. 5,000/- was also imposed.

2. The appellant is working as Forest Guard which is a Class III post under the District Cadre and as per the service conditions, he could not have been transferred outside the district as that would substantially affect his service conditions. Vide order dated 17.04.2023 passed by the respondent no.1, Signature Not Verified Signed by: SEHAR HASEEN Signing time: 9/29/2023 7:08:06 PM

appellant stood transferred from the District Indore to District Burhanpur. Against the said order of transfer, appellant has filed a writ petition which was also dismissed by the learned Single Judge by the impugned order (Annexure A-1). Hence, the present intra Court appeal has been preferred.

3. Learned counsel for the appellant while extending the arguments assailing the order passed by learned Single Judge has made the following submissions:

(i) Learned Single Judge has failed to consider the fact that the post of Forest Guard is a District Cadre Post and by the impugned transfer order appellant has been transferred outside the district which ultimately resulted into change of district due to which his seniority is adversely affecting.

(ii) Learned Single Judge erred in not considering the fact that it has been categorically stated by the respondent no.3 while passing the order dated 04.04.2023 had issued directions to respondent no.4 and 5 to obtain consent of transferee be taken before transferring him to Burhanpur. But the aforesaid order was neither brought to the notice of the appellant nor he has submitted any option for choice posting.

(iii) Learned Single Judge taking into account the ground of administrative exigency has erred in considering the fact that there is no question of emergency as the said emergency is subsisting since 1996.

(iv) Learned Single Judge has further imposed a cost of Rs. 5,000/- from the petitioner who is a Class III employee which is unjust.

4. On the other hand, learned counsel for the respondent/State submits that looking to the emergent situation as well as shortage of forest guards in Burhanpur, the order of transfer has been passed. Hence, learned Single Judge has not committed any error in dismissing the writ petition. So far as the ground Signature Not Verified Signed by: SEHAR HASEEN Signing time: 9/29/2023 7:08:06 PM

of seniority is concerned, the said issue already stands resolved vide order dated 05.04.2022 passed by the Single Bench at Gwalior by which though the order of transfer has been upheld, however, it was directed that seniority of Forest Guards shall be maintained at their parent districts and they would not suffer any prejudice or adversity with regard to seniority and promotional prospects in future which was confirmed by the Division Bench by order dated 25.04.2022 passed in W.A. No. 393/2022 by observing that the seniority of Forest Guard maintained at District level shall remain intact. Hence, no interference is warranted in the order passed by the learned Single Judge and the writ appeal deserves to be dismissed.

5. We have heard, learned counsel for the parties and perused the record.

6. So far as the question with regard to seniority and promotional prospects are concerned, the same have been taken care off by the order passed by learned Single Judge at Gwalior Bench which has been confirmed by the Division Bench in W.A. No. 393/222. Other grounds which have been raised at the Bar on behalf of the appellant can very well be dealt by the respondents, in case the appellants prefer a detailed representation alongwith supporting documents.

7 . As regards imposition of cost of Rs. 5,000/- on each of the appellants is concerned, the same appears to be unjust and improper, in as much as every citizen of this country has a right to seek redressal of his grievance by approaching the Courts in such a situation, particularly when there is no suppression/malafide or any kind of allegations levelled against the appellant, imposition of cost cannot be upheld. Accordingly, the order dated

Signature Not Verified Signed by: SEHAR HASEEN Signing time: 9/29/2023 7:08:06 PM

11.09.2023 passed by learned Single Judge is hereby set aside. The present writ appeal is disposed off with the following directions:

(i) The appellant herein may file a detailed representation raising all his grievances before the concerned competent authority alongwith supporting

documents, judgments within a period of seven days alongwith certified copy of the order passed today.

(ii) This Court hopes and trusts that if such a representation is filed within the aforesaid period, the concerned competent authority shall bestow conscious consideration on the same and pass a reasoned and speaking order taking into account each and every point raised in the representation, as expeditiously as possible, preferably within a further period of 30 days.

It is made clear that this Court has not expressed any opinion on the merits of the case.

Let a copy of this order be placed in all the connected W.A.No.(s). 1540/2023, 1541/2023, 1543/2023, 1546/2023, 1554/2023, 1570/2023, 1572/2023, 1574/2023, 1575/2023 and 1596/2023 respectively.





                               (S. A. DHARMADHIKARI)                                   (PRANAY VERMA)
                                        JUDGE                                              JUDGE
                          sh




Signature Not Verified
Signed by: SEHAR HASEEN
Signing time: 9/29/2023
7:08:06 PM