Mahendra Chouhan vs The State Of Madhya Pradesh
2025 Latest Caselaw 3769 MP

Madhya Pradesh High Court

Mahendra Chouhan vs The State Of Madhya Pradesh on 11 August, 2025

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

          NEUTRAL CITATION NO. 2025:MPHC-IND:21559




                                                             1                              WP-31850-2025
                             IN     THE      HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                       BEFORE
                                      HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                 ON THE 11th OF AUGUST, 2025
                                               WRIT PETITION No. 31850 of 2025
                                                MAHENDRA CHOUHAN
                                                      Versus
                                     THE STATE OF MADHYA PRADESH AND OTHERS
                          Appearance:
                                  Shri Manuraj Singh - Advocate for the petitioner.

                                  Shri Amit Bhatia - G.A for the respondent/State.

                                                                 ORDER

This is second round of petitioner before this Court. The petitioner who is working as Lab Assistant, challenged the transfer order dated 17/6/2025 by which the petitioner has been transferred from Keli to Ambuliya, District Khargone. He earlier filed W.P No.22554/2025 which was disposed of with a direction to the competent authority to decide the representation of the petitioner by passing a reasoned and speaking order in pursuant to the said order, the representation was submitted. By the

impugned order dated 2/8/2025, the representation of the petitioner is rejected. The petitioner argued that the Court had directed the respondent to pass a reasoned and speaking order but he has not taken into consideration the grounds taken by the petitioner in the representation.

After hearing learned counsel for the parties, in the first contention of counsel for the petitioner that the impugned order is not decided by reasoned

NEUTRAL CITATION NO. 2025:MPHC-IND:21559

2 WP-31850-2025 and speaking order, this Court does not find any merit. In the second contention of the petitioner that the wife of the petitioner is working as ANM and by the said transfer order both will be placed at different place of posting also, this Court does not find any merit. Admittedly, the wife of the petitioner is not working in the education department but in the health department. The transfer of wife of the appellant is not within the jurisdiction of the department in which the petitioner is posted, therefore, the authority has rightly mentioned that no case for consideration of representation is made out on the ground of violation of transfer policy. Thus, the transfer order has been issued on administrative ground. Law relating to scope of interference in the transfer matter is no longer res integra, as held by the Supreme Court in the cases of Gujrat Electricity Board and another vs. Atmaram Sungomal

Poshani, (1989) 2 SCC 602; Union of India and others vs. S.L. Abbas, AIR 1993 SC 2444 and the judgment passed by a Division Bench of this Court in the case of R.S. Choudhary vs. State of M.P. and others, 2007(2) ILR MP Series 1329, the transfer is an incidence of service and the transfer order can only be interfered by the Courts of law if the transfer is issued in violation of the statutory rules or the order suffers from malafide exercise of power.

Accordingly, present petition is dismissed.

(VIJAY KUMAR SHUKLA) JUDGE

PK