Nepal Singh Rana Vs. the M.P. Ware Housing and Logistics Corpon. - Court Judgment

W.P.No.12914/2013 Nepal Singh Rana vs.  M.P. Ware Housing & ORS.1 08.08.2013 Heard Shri Vikas Gupta, learned counsel for the petitioner, on the question of admission and interim relief.

The petitioner has filed this petition being aggrieved by order dated 10.7.2013 by which the petitioner's representation against the order of transfer dated 2.4.2013, by which he has been transferred from Dindori to Kotma Branch of the respondents, has been considered and thereafter the petitioner has been transferred to Bori (Rehati) instead of Kotma.

The learned counsel for the petitioner submits that previously the petitioner had filed W.P No.7533/2013 as well as W.A No.468/2013 assailing the impugned order of transfer dated 2.4.2013 and the said petitions were disposed of with a direction to the respondents to consider and decide the representation of the petitioner but the respondent authorities, while rejecting the representation by the impugned order dated 10.7.2013, have not considered and decided the same on merits not have they considered the option given by the petitioner for transfer.

Having heard the learned counsel for the petitioner, it is observed that the respondent W.P.No.12914/2013 Nepal Singh Rana vs.  M.P. Ware Housing & ORS.2 authorities have taken into consideration the difficulties mentioned by the petitioner and have modified the order of transfer of the petitioner from Kotma to Bori (Rehati).It is settled law that this Court can interfere in the order of transfer only when there is any violation of the statutory provisions of the rules or the order is vitiated by malafide.

None of the aforesaid two grounds are available in the present petition.

Which employee has to be posted where is the sole prerogative of the employer and this Court is not normally required to interfere in the same.

In the circumstances, I find no merit in the petition which is, accordingly, dismissed.

( R.S.JHA ) JUDGE mms/-