Rajaram Patel Vs. the State of Madhya Pradesh - Court Judgment

SooperKanoon Citationsooperkanoon.com/1046447
CourtMadhya Pradesh High Court
Decided OnMar-06-2013
AppellantRajaram Patel
RespondentThe State of Madhya Pradesh
Excerpt:
w.a.no.1086 of 2012. 8.3.2013. shri ramakant awasthy for the appellant. shri vivek agrawal, ga for the respondents. this appeal is directed against an order dt.23.8.2012 in w.p.no.12914/2012 by which a writ petition preferred by the appellant against his transfer order, transferring the appellant within chhatarpur district,but, from one circle to another, was disposed of. learned single judge disposed of the matter with liberty to the appellant to seek departmental remedies against the transfer order. learned counsel for the appellant submits that a representation – annexure-a/5 is still pending before the respondent no.4 since long, which has not been decided and the respondent no.4 may be directed to decide the representation annexure-a/5. on raising such contention, shri vivek agrawal, ga, submitted that the transfer order was passed by the respondent no.4 at the instance of respondent no.2, so the appropriate authority for filing representation is respondent no.2 and not respondent no.4. considering the aforesaid, we dispose of this matter with the following directions :1. appellant may submit a fresh representation to respondent no.2 through respondent no.4 within a period of 15 days from today supported by necessary documents, if any.”2. if any such representation is filed by the appellant, the respondent no.2 shall consider and decide the same expeditiously as far as possible within a period of 30 days from the date of receipt of the representation.”3. during this period, appellant shall join at his transferred place within a period of one week from today, if already not joined. no order as to costs. (krishn kumar lahoti) (m.a.siddiqui) judge judge khan*
Judgment:

W.A.No.1086 of 2012.

8.3.2013.

Shri Ramakant Awasthy for the appellant.

Shri Vivek Agrawal, GA for the respondents.

This appeal is directed against an order dt.23.8.2012 in W.P.No.12914/2012 by which a writ petition preferred by the appellant against his transfer order, transferring the appellant within Chhatarpur District,but, from one circle to another, was disposed of.

Learned Single Judge disposed of the matter with liberty to the appellant to seek departmental remedies against the transfer order.

Learned counsel for the appellant submits that a representation – Annexure-A/5 is still pending before the respondent No.4 since long, which has not been decided and the respondent No.4 may be directed to decide the representation Annexure-A/5.

On raising such contention, Shri Vivek Agrawal, GA, submitted that the transfer order was passed by the respondent No.4 at the instance of respondent No.2, so the appropriate authority for filing representation is respondent No.2 and not respondent No.4.

Considering the aforesaid, we dispose of this matter with the following directions :

1.

Appellant may submit a fresh representation to respondent No.2 through respondent No.4 within a period of 15 days from today supported by necessary documents, if any.”

2. If any such representation is filed by the appellant, the respondent No.2 shall consider and decide the same expeditiously as far as possible within a period of 30 days from the date of receipt of the representation.”

3. During this period, appellant shall join at his transferred place within a period of one week from today, if already not joined.

No order as to costs.

(Krishn Kumar Lahoti) (M.A.Siddiqui) Judge Judge Khan*