Sanjay Narvare Vs. the State of Madhya Pradesh

Sanjay Narvare vs The State of Madhya Pradesh

Type Court Judgment Court Madhya Pradesh Decided Aug 27, 2012

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https://sooperkanoon.com/case/1047790

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Citation: sooperkanoon.com/1047790
Court: Madhya Pradesh High Court
Decided On: Aug 27, 2012
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Sanjay Narvare

Respondent

The State of Madhya Pradesh

Excerpt

1 w.p.no.13433/12 (s) 27/08/12 petitioner in person. petitioner is working as a 'rural agriculture extension officer' in the office of 'senior agriculture development officer' parasiya, distt. chhindwara. by the impugned order, petitioner has been transferred from chhindwara to seoni and challenge to the order of transfer is made mainly on the ground that petitioner is an office bearer of the recognized union/association and, therefore, his transfer during the period of office bearer is unsustainable and in violation of the transfer policy. merely, because transfer policy is violated, judicial review into an administrative order of transfer is not permissible in view of the law laid down by the supreme court in the case of union of india vs.s.l. abbas air 1993.sc 244.and by a division bench of this court in the case of r.s.chaudhary versus state of m.p.and others.i.l.r. [2007].m.p. 1329 . in view of the above, it is not appropriate for this court to interfere into the matter. however, as the representation in the matter is pending before the competent authority of the state govt. , interest of 2 justice requires that representation of the petitioner shall be considered and decided within a reasonable time. accordingly, it is directed that on the petitioner's filing a certified copy of this order, representation filed by the petitioner be decided and till the representation is not decided, status quo with regard to working and posting of the petitioner shall be maintained. with the aforesaid, petition stands disposed of.c.c. as per rules. (rajendra menon) judge vy/-

Full Judgment

1 W.P.No.13433/12 (s) 27/08/12 Petitioner in person.

Petitioner is working as a 'Rural Agriculture Extension Officer' in the office of 'Senior Agriculture Development Officer' Parasiya, Distt.

Chhindwara.

By the impugned order, petitioner has been transferred from Chhindwara to Seoni and challenge to the order of transfer is made mainly on the ground that petitioner is an office bearer of the recognized union/association and, therefore, his transfer during the period of office bearer is unsustainable and in violation of the transfer policy.

Merely, because transfer policy is violated, judicial review into an administrative order of transfer is not permissible in view of the law laid down by the Supreme Court in the case of Union of India Vs.S.L.

Abbas AIR 1993.SC 244.and by a Division Bench of this Court in the case of R.S.Chaudhary versus State of M.P.and otheRs.I.L.R.

[2007].M.P.

1329 .

In view of the above, it is not appropriate for this Court to interfere into the matter.

However, as the representation in the matter is pending before the competent authority of the State Govt.

, interest of 2 justice requires that representation of the petitioner shall be considered and decided within a reasonable time.

Accordingly, it is directed that on the petitioner's filing a certified copy of this order, representation filed by the petitioner be decided and till the representation is not decided, status quo with regard to working and posting of the petitioner shall be maintained.

With the aforesaid, petition stands disposed of.C.C.

as per rules.

(Rajendra Menon) Judge Vy/-

Same Court & Year Madhya Pradesh · 2012 Same Parties Sanjay Narvare vs The State of Madhya Pradesh Same Subject Land Acquisition