Madhya Pradesh High Court
Amit Mishra vs The State Of Madhya Pradesh on 26 June, 2025
Author: Maninder S. Bhatti
Bench: Maninder S. Bhatti
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IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE MANINDER S. BHATTI
ON THE 26th OF JUNE, 2025
WRIT PETITION No. 21903 of 2025
AMIT MISHRA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Ambuj Jain - Advocate for the petitioner.
Shri Pradeep Singh - Government Advocate for respondents/State.
ORDER
This is a petition assailing the order dated 17.06.2025 (Annexure-P/4)
by which, the petitioner, who is working as Assistant Revenue Inspector is
being sought to be transferred from Municipal Council Govindgarh, Rewa to
Municipal Council Chakghat, Rewa.
2. It is contended by the counsel for petitioner that previously also vide
order dated 06.08.2021, the petitioner was sought to be transferred from
Municipal Council Govindgarh, Rewa to Municipal Council Sirmour, Rewa.
The said order was assailed by the petitioner by filing W.P. No.21088/2021,
in which initially an interim order was passed and later on, the interim order
was made absolute by the Lok Adalat vide order dated 11.05.2024. The
petitioner vide impugned order dated 17.06.2025 has been transferred to
Municipal Council Chakghat Rewa. The counsel contended that in the
identical circumstances, by taking view of Section 94(6) of the M.P.
Municipalities Act as well as the judgment of the full Bench in Indore Nagar
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Nigam Karmchari Congress and another vs. State of M.P. and another
[1998(1) MPLJ 449], this Court has granted interim relief in W.P.
No.16420/2025 vide order dated 06.05.2025 (Annexure P/5).
3. Counsel for respondent/State submits that the petitioner is posted at
the present place since year 2008. The petitioner has already served at the
present place of posting for 17 years, the petitioner has not levelled any
allegation of malafides and considering the identical circumstances, final
order has been passed by the Co-ordinate Bench of this Court dated
02.08.2023 in W.P. No.19029/2023 (Sushree Achala Chougule vs. State of
M.P.). It is thus, contended that as the petitioner's case is on identical
footings, the same deserves to be dismissed.
4. Having considered the submissions and on perusal of the record, it is
undisputed by the petitioner that he is posted at the present place of posting
since 2008, it is also undisputed that the petitioner has not levelled any
allegation of malafides in the present case. The Co-ordinate Bench of this
Court in Sushree Achala Chougule (supra) has observed as under :-
"5. It is the case of the petitioner that an employee of
Municipality should not be transferred in a casual
manner and the power to transfer an employee should
be exercised cautiously. The petitioner has already spent
more than 4 years of her stay in Nagar Parishad
Nowrozabad.
6. In the entire writ petition the petitioner has not
alleged any mala fides. Even no officer has been
impleaded in its personal capacity. In absence of mala
fides, this Court can always presume that the order of
transfer has been passed in accordance with law.
7. So far as as the personal inconvenience of the
petitioner is concerned, it is suffice to mention here that
this Court in exercise of power under Article 226 of
Constitution of India cannot look into the personal
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difficulties of an employee and it is for the employer to
consider the same.
8. Transfer is an exigency of service and no one can
claim that he or she should be posted at a particular
place. Even otherwise as per the transfer policy (though
not enforceable by law), an employee, who is due for
retirement within a year or less is not to be transferred
generally. However, the petitioner is not covered by
clause 22 of transfer policy."
5. Thus, taking into consideration the judgment of Co-ordinate Bench of
this Court in Sushree Achala Choughle (supra), this Court is not inclined to
entertain this petition.
6. However, it is for the petitioner to join at the transferred place and
then pursue the representation. (Reliance is placed on the decision of the
Hon'ble Supreme Court in Tamil Nadu Agricultural University & another
etc. vs. R. Agila etc., [Special Leave to Appeal (C) Nos.13070-13075/2022,
decided on 20-08-2024]).
7 . Resultantly, this petition is disposed of with a direction that if the
petitioner joins at the transferred place as per impugned order dated
17.06.2025 and submits a representation questioning his transfer order, the
same shall be decided by the competent authority within a period of thirty
days from the date of its presentation.
8. With the aforesaid, the present writ petition stands disposed of.
(MANINDER S. BHATTI)
JUDGE
rv
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