C.M. Sharma Vs. the State of Madhya Pradesh

C.M. Sharma vs The State of Madhya Pradesh

Type Court Judgment Court Madhya Pradesh Decided Jul 24, 2013

~2 min read

https://sooperkanoon.com/case/1049916

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1049916
Court: Madhya Pradesh High Court
Decided On: Jul 24, 2013
Subject: Education

Case Summary

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

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

C.M. Sharma

Advocate Shri. Brijesh Choubey

Respondent

The State of Madhya Pradesh

Excerpt

.....has filed this petition being aggrieved by order dated 05-07-2013 by which he has been transferred from umaria to chhatarpur. it is submitted by the learned counsel for the petitioner that the impugned order has been passed without looking into the fact that the petitioner is suffering from grievous medical problem and that he is alone. it is submitted that the petitioner by an application dated 15-6-2013 requested the respondent/authorities to post him at satna as he has 1½ years of service remaining, in accordance with the policy of the state government, where his family resides, but without considering the same the impugned order has been passed. a division bench of this court in 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, without entering into the merits of the case the petition filed by the petitioner is disposed of with a direction to the effect that in case the petitioner files a representation along with a copy of the order passed today and a copy of the petition before the authority concerned within a week, the same shall be considered and decided by the authority concerned in accordance with law, keeping the transfer policy in mind, 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 and till then the operation of the impugned order shall be kept in abeyance. however, 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 directions,.....

Full Judgment

W.P.No.12246/2013 (C.M.Sharma ..versus State of MP and otheRs.24-07-2013 Heard Shri Brijesh Choubey, learned counsel for the petitioner on the question of admission and interim relief.

The petitioner has filed this petition being aggrieved by order dated 05-07-2013 by which he has been transferred from Umaria to Chhatarpur.

It is submitted by the learned counsel for the petitioner that the impugned order has been passed without looking into the fact that the petitioner is suffering from grievous medical problem and that he is alone.

It is submitted that the petitioner by an application dated 15-6-2013 requested the respondent/authorities to post him at Satna as he has 1½ years of service remaining, in accordance with the policy of the State Government, where his family resides, but without considering the same the impugned order has been passed.

A Division Bench of this Court in 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, without entering into the merits of the case the petition filed by the petitioner is disposed of with a direction to the effect that in case the petitioner files a representation along with a copy of the order passed today and a copy of the petition before the authority concerned within a week, the same shall be considered and decided by the authority concerned in accordance with law, keeping the transfer policy in mind, 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 and till then the operation of the impugned order shall be kept in abeyance.

However, 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 directions, the petition filed by the petitioner stands disposed of.

C.C.as per rules.

(R.S.Jha) Judge mct

Same Court & Year Madhya Pradesh · 2013 Same Parties C.M. Sharma vs The State of Madhya Pradesh Same Subject Education