Madhya Pradesh High Court

Sheikh Arshad vs The State Of Madhya Pradesh on 29 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 29 th OF SEPTEMBER, 2023
                                            WRIT APPEAL No. 1528 of 2023

                           BETWEEN:-
                           DHEERAJ BHARVEY S/O PARASRAM BHARVEY, AGED
                           31  YEARS, OCCUPATION: FOREST GUARD R/O C
                           ASHRAM VAISHNAVI COLONY KHARGONE (MADHYA
                           PRADESH)

                                                                                .....APPELLANT
                           (BY SHRI SHREY CHANDAK, LEARNED COUNSEL FOR THE APPELLANT )

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

                           2.    ADDITIONAL SECRETARY FOREST DEPARTMENT
                                 VALLABH   BHAWAN,    BHOPAL    (MADHYA
                                 PRADESH)

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

                           4.    DIVISIONAL   FOREST    OFFICER      DY.
                                 CONSERVATORY OF FOREST FOREST DIVISION
                                 KHARGONE (MADHYA PRADESH)

                                                                              .....RESPONDENTS

( SHRI ANIKET NAIK, DY. ADVOCATE GENERAL FOR THE RESPONDENT/STATE)

WRIT APPEAL No. 1536 of 2023

Signature Not Verified Signed by: SEHAR HASEEN Signing time: 30-09-2023 02:42:03

BETWEEN:-

PRAHLAD PANWAR S/O SHRI PUSHPKUMAR, AGED 56 YEARS, OCCUPATION: FOREST GUARD R/O 115/2 SHRI RAM NAGAR PALDA DISTT.INDORE (MADHYA PRADESH)

.....APPELLANT (SHRI LOKENDRA JOSHI, LEARNED COUNSEL FOR THE APPELLANT)

AND

1. THE STATE OF MADHYA PRADESH THROUGH ADDITIONAL SECRETARY 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 NAVRATAN BAGH, FOREST CAMPUS, INDORE (MADHYA PRADESH)

.....RESPONDENTS (SHRI ANIKET NAIK, DY. ADVOCATE GENERAL FOR THE RESPONDENT/STATE)

WRIT APPEAL No. 1538 of 2023

BETWEEN:-

KAMLESH LODWAL S/O SHRI RAMESH LODWAL, AGED 42 YEARS, OCCUPATION: FOREST GUARD R/O 360 PANCHAM KE PHEL MALWA MILL INDORE (MADHYA PRADESH)

.....APPELLANT (SHRI LOKENDRA JOSHI, LEARNED COUNSEL FOR THE APPELLANT)

Signature Not Verified AND Signed by: SEHAR HASEEN Signing time: 30-09-2023 02:42:03

1. THE STATE OF MADHYA PRADESH ADDITIONAL SECRETARY 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 NAVRATAN BAGH, FOREST CAMPUS, INDORE (MADHYA PRADESH)

.....RESPONDENTS (SHRI ANIKET NAIK, DY. ADVOCATE GENERAL FOR THE RESPONDENT/STATE)

WRIT APPEAL No. 1542 of 2023

BETWEEN:-

SHAKTI UPADHYAY S/O SHRI ASHOK UPADHYAY, AGED 34 YEARS, OCCUPATION: FOREST GUARD VRINDAVAN VIHAR COLONY, 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 Signature Not Verified Signed by: SEHAR HASEEN Signing time: 30-09-2023 02:42:03

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 ANIKET NAIK, DY. ADVOCATE GENERAL FOR THE RESPONDENT/STATE)

WRIT APPEAL No. 1562 of 2023

BETWEEN:-

SHEIKH ARSHAD S/O SHAIKH AYYUB, AGED 31 YEARS, OCCUPATION: FOREST GUARD PIPAL JOKHA TEHSIL BHAGWANPUR KHARGONE (MADHYA PRADESH)

.....APPELLANT ( SHRI SHREY CHANDAK, LEARNED COUNSEL FOR THE APPELLANT)

AND

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

2. ADDITIONAL SECRETARY FOREST DEPARTMENT VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

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

4. DIVISIONAL FOREST OFFICER , DY CONSERVATORY OF FOREST FOREST DIVISION KHARGONE (MADHYA PRADESH)

.....RESPONDENTS (SHRI ANIKET NAIK, DY. ADVOCATE GENERAL FOR THE RESPONDENT/STATE)

WRIT APPEAL No. 1563 of 2023 Signature Not Verified Signed by: SEHAR HASEEN Signing time: 30-09-2023 02:42:03

BETWEEN:-

AAJAM KHAN S/O KAMAL KHAN, AGED ABOUT 36 YEAR S, OCCUPATION: FOREST GUARD R/O RANGE OFFICE SIRVEL BHAGWANPUA KHARGONE (MADHYA PRADESH)

.....APPELLANT ( SHRI SHREY CHANDAK, LEARNED COUNSEL FOR THE APPELLANT)

AND

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

2. ADDITIONAL SECRETARY FOREST DEPARTMENT VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

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

4. DIVISIONAL FOREST OFFICER DY.

CONSERVATORY OF FOREST FOREST DIVISION KHARGONE (MADHYA PRADESH)

.....RESPONDENTS ( SHRI ANIKET NAIK, DY. ADVOCATE GENERAL FOR THE RESPONDENT/STATE)

WRIT APPEAL No. 1564 of 2023

BETWEEN:-

RAMLAL SITOLE S/O GOVIND SITOLE, AGED ABOUT 30 YEAR S, OCCUPATION: FOREST GUARD R/O RANGE OFFICE BHIKANGAON ANJANGAON KHARGONE (MADHYA PRADESH)

.....APPELLANT ( SHRI SHREY CHANDAK, LEARNED COUNSEL FOR THE APPELLANT)

AND

1. THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY FOREST DEPARTMENT VALLABH BHAWAN, BHOPAL (MADHYA PRADESH) Signature Not Verified Signed by: SEHAR HASEEN Signing time: 30-09-2023 02:42:03

2. ADDITIONAL SECRETARY FOREST DEPARTMENT VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

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

4. DIVISIONAL FOREST OFFICER DY.

CONSERVATORY OF FOREST FOREST DIVISION KHARGONE (MADHYA PRADESH)

.....RESPONDENTS (SHRI ANIKET NAIK, DY. ADVOCATE GENERAL FOR THE RESPONDENT/STATE)

WRIT APPEAL No. 1605 of 2023

BETWEEN:-

NILESH CHOUHAN S/O SHRI BHAGAT SINGH, AGED 32 YEARS, OCCUPATION: VANRAKSHAK 7 C BRIJBIHAR COLONY, INDORE (MADHYA PRADESH)

.....APPELLANT (SHRI NIPUN CHOUDHARY, LEARNED COUNSEL FOR THE APPELLANT)

AND

1. THE STATE OF MADHYA PRADESH ADDL.

SECRETARY VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

2. SHRIMAN PRADHAN MUKHYA VANSANRAKSHAK SATPURA BHAWAN, BHOPAL (MADHYA PRADESH)

3. S H R I M A N MUKHYA VANSANRAKSHAK NAVRATAN BAGH FOREST CAMPUS, INDORE (MADHYA PRADESH)

4. SHRIMAN JILA JILA VAN ADHIKARI NAVRATAN BAGH FOREST CAMPUS, INDORE (MADHYA PRADESH)

.....RESPONDENTS ( SHRI ANIKET NAIK, DY. ADVOCATE GENERAL FOR THE RESPONDENT/STATE) Signature Not Verified Signed by: SEHAR HASEEN Signing time: 30-09-2023 02:42:03

WRIT APPEAL No. 1631 of 2023

BETWEEN:-

RAVINDRA GANGLE S/O LATE SHRI POONAMCHAND, AGED 36 YEARS, OCCUPATION: FOREST GUARD FOREST COLONY, BISTAN ROAD, KHARGONE (MADHYA PRADESH)

.....APPELLANT ( SHRI SHREY CHANDAK, LEARNED COUNSEL FOR THE APPELLANT)

AND

1. THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY FOREST DEPARTMENT VALLABH BHAVAN, BHOPAL (MADHYA PRADESH)

2. ADDITIONAL SECRETARY FOREST DEPARTMENT VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

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

4. DIVISIONAL FOREST OFFICER DY.

CONSERVATORY OF FOREST FOREST DIVISION KHARGONE (MADHYA PRADESH)

.....RESPONDENTS (SHRI ANIKET NAIK, DY. ADVOCATE GENERAL FOR THE RESPONDENT/STATE).

WRIT APPEAL No. 1636 of 2023

BETWEEN:-

MAYARAM BHOJAWAT S/O LATE SHRI RAGHUNATH JI BHOJAWAT, AGED 58 YEARS, OCCUPATION: FOREST GUARD GRAM RALAMANDAL, DIST. 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: 30-09-2023 02:42:03

VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

2. PRINCIPAL CHIEF CONSERVATOR OF FOREST H O F F SATPURA BHAWAN BHOPAL (MADHYA PRADESH)

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

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

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

.....RESPONDENTS ( SHRI ANIKET NAIK, DY. ADVOCATE GENERAL FOR THE RESPONDENT/STATE)

WRIT APPEAL No. 1637 of 2023

BETWEEN:-

SANTOSH BARCHE S/O SHRI PURSHOTTAM, AGED 60 Y E A R S , OCCUPATION: FOREST GUARD FOREST CAMPUS CHORAL, MHOW, DIST. 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 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: 30-09-2023 02:42:03

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 ANIKET NAIK, LEARNED DY. ADVOCATE GENERAL FOR THE RESPONDENT/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). 1528/2023, 1536/2023, 1538/2023, 1542/2023, 1562/2023, 1563/2023, 1564/2023, 1605/2023, 1631/2023, 1636/2023 and 1637/2023. 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. 1528/2023 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.9463/2023 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, appellant stood transferred from the District Khargone to District Burhanpur. Against the said order of transfer, Signature Not Verified Signed by: SEHAR HASEEN Signing time: 30-09-2023 02:42:03

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 appellant 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 of seniority is concerned, the said issue already stands resolved vide order Signature Not Verified Signed by: SEHAR HASEEN Signing time: 30-09-2023 02:42:03

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 11.09.2023 passed by learned Single Judge is hereby set aside. The present writ

Signature Not Verified Signed by: SEHAR HASEEN Signing time: 30-09-2023 02:42:03

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.

L e t a copy of order be placed in all the connected W.A.No.(s). 1528/2023, 1536/2023, 1538/2023, 1542/2023, 1562/2023, 1563/2023, 1564/2023, 1605/2023, 1631/2023, 1636/2023 and 1637/2023 respectively.





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




Signature Not Verified
Signed by: SEHAR HASEEN
Signing time: 30-09-2023
02:42:03