Full Judgment
W.P.No.12695/2013 Omkar Singh vs. State of M.P. & ORS.1 26.07.2013 Heard Shri Y.M.Tiwari, learned counsel for the petitioner, on the question of admission and interim relief.
The petitioner has filed this petition being aggrieved by order dated 12.7.2013 by which he has been transferred as Panchayat Secretary from Gram Panchayat Karra to Gram Panchayat Paipakhra in Janpad Panchayat Ramnagar, District Satna.
It is submitted that the impugned order is contrary to Clause 4 of the transfer policy which provides for transferring a Panchayat Secretary to an adjacent Gram Panchayat.
A Division Bench of this Court in the case of R.S.Chaudhary versus State of M.P.and OtheRs.ILR [2007].MP 132.has already held that in case transfer is alleged to be contrary to the policy, the appropriate remedy of the petitioner is to approach the authority themselves by filing a representation.
In view of the aforesaid, the petition filed by the petitioner is disposed of with a direction to the effect that in case the petitioner files a fresh representation before the respondent authorities within fifteen days from today alongwith a copy of the order passed today and a copy of the petition, the concerned authority shall consider and decide W.P.No.12695/2013 Omkar Singh vs. State of M.P. & ORS.2 the same expeditiously in accordance with the transfer policy as far as possible preferably within a period of six weeks thereafter.
The petitioner, if so advised, may also move an application for interim relief which shall be considered by the concerned authority at the earliest.
it is made clear that this court has not expressed any opinion on the merits of the case and therefore the authority would be at liberty to examine the matter keeping all facts and facets into consideration and thereafter either accept or reject the representation by passing a reasoned order.
With the aforesaid direction, the petition, filed by the petitioner, stands disposed of.
C.C as per rules.
( R.S.JHA ) JUDGE mms/-