Citation : 2026 Latest Caselaw 1237 MP
Judgement Date : 6 February, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:10805
1 WP-4172-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE MANINDER S. BHATTI
ON THE 6 th OF FEBRUARY, 2026
WRIT PETITION No. 4172 of 2026
ANUPAMA SHARMA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Pramod Singh Tomar - Advocate for the petitioner.
Shri Girish Kekre - G.A. for the respondent/State.
ORDER
Learned counsel for the respondent/State is permitted to file a reply.
2. The counsel for the petitioner submits that by the impugned order dated 28.01.2026, which has been brought on record along with the return as Annexure R/1, the petitioner, who is working as an officiating Inspector, District Police Force Sagar, has been transferred to District Force Niwari on an administrative ground.
3. It is contended by the counsel for the petitioner that the children of
the petitioner are pursuing their studies. The final examinations are going on, which is evident from Annexure P/3, and as per the time table, the last exam will take place on 16.02.2026. Therefore, if the petitioner is compelled to join at the place of transfer, the same would adversely affect the entire family of the petitioner. The husband of the petitioner is working as an Assistant Professor and is posted at Sagar only. It is further contended by the counsel
NEUTRAL CITATION NO. 2026:MPHC-JBP:10805
2 WP-4172-2026 that a representation has been submitted by the petitioner vide Annexure P/5 dated 29.01.2026 before respondent No.2, but the same has not been considered as yet. Therefore, counsel submits that respondent No.2 be directed to take a decision on the petitioner's representation within the stipulated period in accordance with the law and till then, the petitioner be allowed to continue at his present place of posting.
4. Per contra, learned counsel for the respondent/State submits that a return has been filed and a perusal of the same reflects that the petitioner, during most of her tenure, remained at Damoh and Sagar only, except for a short period of seven months at Narsinghpur. Therefore, right from her induction into services in the year 2010, most of the time, the petitioner has remained at Damoh and Sagar. Thus, since the impugned order has been
issued in view of the administrative exigency, the same does not require any interference. It is further contended by the counsel that the representation so submitted by the petitioner before respondent No.2 shall be dealt with in accordance with law.
5. Having considered the submissions advanced on behalf of the petitioner and perusal of the record reflects that examinations of the children of the petitioner are going on, and as per the time table which is produced on record, the last exam is scheduled to take place on 16.02.2026. The petitioner has already submitted a representation dated 29.01.2026, contained in Annexure P/5, before respondent No.2 seeking cancellation of her transfer. Hence, respondent No.2/Inspector General of Police, Sagar is directed to take a decision on the petitioner's representation contained in Annexure P/5 dated
NEUTRAL CITATION NO. 2026:MPHC-JBP:10805
3 WP-4172-2026 29.01.2026 within a period of 30 days from today by passing a well-reasoned and speaking order in accordance with law.
6. It is made clear that this Court has not expressed any view on the merit of the case and respondent No.2 shall be at liberty to deal with the representation of the petitioner, in his own wisdom, in accordance with law.
7. For a period of thirty days or till the decision by respondent No.2 on the representation (whichever is earlier), the petitioner shall be allowed to continue at her present place of posting, i.e. District Police Force Sagar.
8. Shri Girish Kekre, G.A. for the respondent/State, undertakes to communicate this order to the Inspector General of Police, Sagar.
9. A copy of this order be supplied to the petitioner as well as counsel for the respondent/State. Petitioner also undertakes to communicate this order to the Inspector General of Police, Sagar, within three working days.
10. With the aforesaid, the present writ petition stands disposed of.
(MANINDER S. BHATTI) JUDGE
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