Pakash Chandra Patel vs The State Of Madhya Pradesh
2024 Latest Caselaw 3698 MP

Madhya Pradesh High Court

Pakash Chandra Patel vs The State Of Madhya Pradesh on 7 February, 2024

Author: Vishal Dhagat

Bench: Vishal Dhagat

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        WP No. 2831 of 2024
                                     (PAKASH CHANDRA PATEL Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 07-02-2024
                                 Shri Sanjeev Kumar Singh - Advocate for the petitioner.

                                 Shri Lalit Joglekar - Govt. Advocate for respondent/State.

Petitioner has filed this petition under Article 226 of Constitution of India against order dated 24.1.2024 contained in Annexure P/6. By said order petitioner has been transferred from Police Station Rampur Karchuliyan to

Police Line, Rewa. It is submitted that order has been passed malafidely and petitioner has made allegations regarding malafide by Superintendent of Police as he wants to give favour to respondent no.4.

Learned counsel for the petitioner relied on judgment passed by the Apex Court in the case of Prakash Singh and another vs. Union of India and others, (2006) 8 SCC 1, wherein it has been held that Police Officers who are in-charge position and doing field duty may not be transferred before completion of tenure period of 2 years. It is submitted that petitioner has been transferred within short period of four months.

Learned Govt. Advocate for the respondent/State prays for short time to seek instructions in the matter.

Prayer is allowed.

List the matter in the week commencing from 26.2.2024. Meanwhile, it is directed that order dated 24.1.2024 (Annexure P/6) shall remain stayed till next date of hearing.

C.C as per rules.

(VISHAL DHAGAT) JUDGE mms